HOUSE BILL No. 5509

December 13, 2005, Introduced by Reps. Bieda, Condino and Drolet and referred to the Committee on Judiciary.

 

     A bill to provide compensation for individuals wrongly

 

imprisoned for crimes; to prescribe the powers and duties of

 

certain state governmental officers and agencies; and to provide

 

remedies.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1. This act shall be known and may be cited as the

 

"wrongful imprisonment compensation act."

 

     Sec. 2. As used in this act:

 

     (a) "Accusatory instrument" means the complaint filed against

 

the claimant that resulted in the conviction and imprisonment that

 

are the subject of the claim for compensation under this act.

 

     (b) "Claimant" means the individual making a claim for

 

compensation under this act.

 


     Sec. 3. An individual convicted under the law of this state

 

and subsequently imprisoned for 1 or more crimes that he or she did

 

not commit may bring an action for damages against this state in

 

the circuit court as allowed by this act.

 

     Sec. 4. (1) The claimant in an action under this act shall

 

attach to the complaint documentary evidence that establishes all

 

of the following:

 

     (a) The claimant was convicted of 1 or more crimes under the

 

law of this state, was sentenced to a term of imprisonment for the

 

crime or crimes, and served at least part of the sentence.

 

     (b) The claimant's actual innocence was established when 1 of

 

the following occurred, either on grounds not inconsistent with

 

innocence or because the statute, or application of the statute, on

 

which the accusatory instrument was based violated the constitution

 

of the United States or this state:

 

     (i) The claimant's judgment of conviction was reversed and the

 

accusatory instrument dismissed.

 

     (ii) If a new trial of the claimant was ordered, either the

 

claimant was found not guilty at the new trial or was not retried

 

and the accusatory instrument was dismissed.

 

     (c) The action is not time-barred under section 7.

 

     (2) A complaint filed under this section shall state facts in

 

sufficient detail to permit the court to find that the claimant is

 

likely to succeed at trial in proving both of the following:

 

     (a) The claimant did not commit any of the acts charged in the

 

accusatory instrument or the acts or omissions charged in the

 

accusatory instrument did not constitute a crime.

 


     (b) The claimant did not commit or suborn perjury or fabricate

 

evidence to cause or bring about his or her conviction. A guilty

 

plea to a crime the claimant did not commit does not constitute

 

perjury under this subdivision.

 

     (3) A complaint filed under this section shall be verified by

 

the claimant.

 

     (4) If the court finds after reading a complaint filed under

 

this section that the claimant is not likely to succeed at trial,

 

it shall dismiss the claim, either on its own motion or on the

 

motion of this state.

 

     Sec. 5. (1) A claimant under this act is entitled to judgment

 

in the claimant's favor if the claimant provides evidence to prove

 

all of the following:

 

     (a) The claimant was convicted of 1 or more crimes, was

 

sentenced to a term of imprisonment for the crime or crimes, and

 

served at least part of the sentence.

 

     (b) One of the following occurred, either on grounds not

 

inconsistent with innocence or because the statute, or application

 

of the statute, on which the accusatory instrument was based

 

violated the constitution of the United States or this state:

 

     (i) The claimant's judgment of conviction was reversed or

 

vacated and the accusatory instrument dismissed.

 

     (ii) If a new trial was ordered, the claimant either was found

 

not guilty at the new trial or was not retried and the accusatory

 

instrument dismissed.

 

     (c) The claimant did not commit any of the acts charged in the

 

accusatory instrument, and the acts or omissions charged in the

 


accusatory instrument did not constitute a crime.

 

     (d) The claimant did not commit or suborn perjury or fabricate

 

evidence to cause or bring about his or her conviction. A guilty

 

plea to a crime the claimant did not commit is not perjury under

 

this subdivision.

 

     (2) If a court finds that a claimant under this act was

 

wrongfully convicted and imprisoned, the court shall award damages,

 

including, but not limited to, all of the following:

 

     (a) Not less than $50,000.00 for each year of incarceration,

 

as adjusted to account for all of the following:

 

     (i) Inflation from the effective date of this act.

 

     (ii) Partial years served.

 

     (b) Economic damages, including, but not limited to, lost

 

wages, costs associated with the claimant's criminal defense and

 

efforts to prove his or her innocence, and medical expenses

 

required after release.

 

     (c) Up to 10 years of physical and mental health care through

 

the state employee health care system, to be offset by any amount

 

provided through the claimant’s employers during that time period.

 

     (d) Compensation for costs incurred by the claimant for

 

reasonable reintegrative services and mental and physical health

 

care after release from wrongful imprisonment and before the date

 

of the award.

 

     (e) Reasonable attorney fees, calculated at 10% of the damage

 

award, not to exceed $75,000.00 plus an adjustment for inflation

 

from the effective date of this act, and expenses. The attorney

 

fees shall not be deducted from the compensation awarded the

 


claimant, and the claimant's attorney is not entitled to receive

 

additional fees from the claimant.

 

     (3) A damage award under subsection (2) is not subject to

 

either of the following:

 

     (a) A cap applicable to private parties in civil lawsuits.

 

     (b) Taxes, except for the portion of the award for attorney

 

fees.

 

     (4) The acceptance by the claimant of an award under this

 

section, or of a compromise or settlement of the claim, shall be in

 

writing and, unless it is procured by fraud, is final and

 

conclusive on the claimant, constitutes a complete release of all

 

claims against this state, and is a complete bar to any action by

 

the claimant against this state based on the same subject matter.

 

     (5) A damage award under this section shall not be offset by

 

any of the following:

 

     (a) Expenses incurred by this state or any political

 

subdivision of this state, including, but not limited to, expenses

 

incurred to secure the claimant’s custody or to feed, clothe, or

 

provide medical services for the claimant.

 

     (b) The value of any services awarded to the claimant under

 

this section.

 

     (c) The value of any reduction in fees for services awarded to

 

the claimant under this section.

 

     Sec. 6. (1) A court that enters a verdict, order, or judgment

 

as a result of an event described in section 4(1)(b) on or after

 

the effective date of this act shall provide a copy of this act to

 

the defendant at the time the verdict, order, or judgment is

 


entered. The individual shall be required to acknowledge his or her

 

receipt of a copy of this act in writing on a form approved by the

 

state court administrator's office. The acknowledgment shall be

 

filed with the court and is admissible in any proceeding filed by a

 

claimant under this act.

 

     (2) If a claimant entitled to receive a copy of this act under

 

subsection (1) shows that he or she did not properly receive the

 

copy, he or she is entitled to a 1-year extension of the 3-year

 

time limit in section 7.

 

     (3) The state court administrator's office shall make a

 

reasonable attempt to notify every person in whose favor a verdict,

 

order, or judgment was entered following an event described in

 

section 4(1)(b) before enactment of this act of his or her rights

 

under this act.

 

     Sec. 7. An action for compensation under this act shall be

 

commenced within 3 years after the entry of a verdict, order, or

 

judgment as the result of an event described in section 4(1)(b).

 

Any action by this state challenging or appealing a verdict, order,

 

or judgment entered as the result of an event described in section

 

4(1)(b) tolls the 3-year period. An individual convicted,

 

incarcerated, and released from custody before the effective date

 

of this act shall commence an action under this act within 5 years

 

of the effective date of this act.

 

     Enacting section 1.  This act does not take effect unless

 

Senate Bill No.____ or House Bill No. 5484(request no. 04154'05 a*)

 

of the 93rd Legislature is enacted into law.