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OH HB411

Bill

Status

Enrolled

12/12/2018

Primary Sponsor

William Seitz

Click for details

Origin

House of Representatives

132nd General Assembly (2017-2018)

AI Summary

  • Expands wrongful imprisonment eligibility to include individuals convicted of aggravated felonies, felonies, or misdemeanors (previously felonies only), and broadens Brady Rule violations to include cases where convictions were vacated, dismissed, or reversed on appeal.

  • Establishes compensation for wrongfully imprisoned individuals at $40,330 per year of imprisonment (adjusted annually), plus reimbursement for fines, court costs, attorney fees, lost wages, and certain detention facility costs.

  • Requires court of common pleas to determine wrongful imprisonment status in civil proceedings separate from criminal convictions, with determinations made if procedural errors, Brady violations, or actual innocence is established.

  • Limits compensation recovery through deductions for prior awards from Section 1983 civil rights actions and reimbursement requirements if individual later wins related monetary awards or is convicted of related offenses.

  • Modifies violation sanction centers to be classified as prisons rather than alternative residential facilities, restricting their use to serving parole/post-release control violations and prohibiting courts from sentencing convicted felony offenders to these centers.

Legislative Description

Modify wrongful imprisonment law

Crimes, Corrections, and Law Enforcement : Crime and Punishment

Last Action

Concurred in Senate amendments

12/13/2018

Committee Referrals

Judiciary6/19/2018
Government Accountability and Oversight11/28/2017

Full Bill Text

No bill text available