|SB 0567||Creates right of compensation for wrongful imprisonment|
|LR Number:||2446S.01I||Fiscal Note:||2446-01|
|Committee:||Civil and Criminal Jurisprudence|
|Last Action:||02/16/00 - SCS Voted Do Pass S Civil & Criminal Jurisprudence||Journal page:|
|Effective Date:||August 28, 2000|
SCS/SB 567 - This act creates a right of compensation for wrongful imprisonment. An innocent person who is mistakenly convicted and imprisoned may sue the state for damages within 2 years after his or her release or pardon, or within 2 years of the effective date of the act if he or she was released or pardoned in the past 5 years. The claimant is not eligible to receive damages if he or she in any way contributed to the claimant's conviction or if the claimant was concurrently or is, at the time of filing, serving a sentence for any other crime.
The person must prove his innocence by clear and convincing
evidence. Damages are limited to either twice the claimant's
income in the year prior to imprisonment or $20,000, whichever is
greater, for each year of imprisonment. The claimant shall
also be entitled to reasonable attorney's fees.