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OH SB248

Bill

Status

Introduced

1/16/2018

Primary Sponsor

Vernon Sykes

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Origin

Senate

132nd General Assembly (2017-2018)

AI Summary

  • Modifies Ohio's wrongful imprisonment law by expanding the definition of "wrongfully imprisoned individual" to include those whose convictions were vacated due to Brady Rule violations or procedural errors discovered after sentencing.

  • Establishes a two-step process: individuals first file a civil action in the court of common pleas where their original criminal action was initiated to be declared wrongfully imprisoned, then can file a separate civil action in the court of claims for monetary compensation.

  • Sets compensation at $40,330 per full year of wrongful imprisonment (adjusted annually by the auditor of state), plus reimbursement for fines, court costs, attorney's fees, lost wages, and certain Department of Rehabilitation and Correction debts.

  • Requires the court of claims to issue a preliminary judgment within 60 days ordering 50% of the compensation amount paid immediately from the controlling board's emergency purposes account, with the remainder paid after final judgment.

  • Establishes a two-year statute of limitations for filing civil actions in the court of claims from the date the court of common pleas determines the individual is wrongfully imprisoned.

Legislative Description

Modify wrongful imprisonment law

Crimes, Corrections, and Law Enforcement

Last Action

Refer to Committee: Judiciary

1/17/2018

Committee Referrals

Judiciary1/17/2018

Full Bill Text

No bill text available