| SB 0916 | Creates a cause of action for those adjudicated innocent following DNA testing |
| Sponsor: | Dougherty | |||
| LR Number: | 2862S.01I | Fiscal Note: | 2862-01 | |
| Committee: | Judiciary and Civil & Criminal Jurisprudence | |||
| Last Action: | 01/15/04 - Second Read and Referred S Judiciary and Civil & | Journal page: | S117 | |
| Criminal Jurisprudence Committee | ||||
| Title: | ||||
| Effective Date: | August 28, 2004 | |||
SB 916 - This act defines a person who is adjudicated
innocent as if DNA testing demonstrates his or her innocence,
an order of release has been entered by the court, and all
appeals have been exhausted. Such person will have a cause of
action against the state for wrongful imprisonment. An
adjudicated innocent person shall receive compensation for
economic and non-economic injuries. The filing of false
statements in order to receive compensation for non-economic
injuries is a Class A misdemeanor. If the results of the DNA
testing confirm the person's guilt, then the individual filing
for DNA testing must be sanctioned and pay the cost of the
testing.
SUSAN HENDERSON