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OH SB248
Bill
Status
1/16/2018
Primary Sponsor
Vernon Sykes
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AI Summary
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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.
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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.
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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.
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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.
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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