January 29, 2013, Introduced by Senators BIEDA, JONES, YOUNG, WARREN, ANDERSON, HOPGOOD, KOWALL and CASPERSON and referred to the Committee on Judiciary.
A bill to provide compensation and other relief for
individuals wrongfully 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) "Charges" means the criminal complaint filed against the
plaintiff by a county prosecutor or the attorney general on behalf
of the people of this state that resulted in the conviction and
imprisonment of the plaintiff that are the subject of the claim for
compensation under this act.
(b) "Plaintiff" means the individual making a claim for
compensation under this act. Plaintiff does not include the estate
of an individual entitled to make a claim for compensation under
this act, the personal representative of the estate, or any heir,
devisee, beneficiary, or other person who is entitled under other
law to pursue a claim for damages, injury, or death suffered by the
individual.
(c) "State correctional facility" means a correctional
facility maintained and operated by the department of corrections.
(d) "This state" means the state of Michigan and its agencies,
departments, commissions, and courts. This state does not include a
county, township, city, village, school district, district, state
authority, or a combination of 2 or more of these entities.
Sec. 3. (1) An individual convicted under the law of this
state and subsequently imprisoned in a state correctional facility
for 1 or more crimes that he or she did not commit may bring an
action for compensation against this state in the court of claims
as allowed by this act.
(2) For purposes of this act, a conviction does not include
the acceptance by the court of a guilty plea or a plea of nolo
contendere.
Sec. 4. (1) In an action under this act, the plaintiff shall
attach to his or her verified complaint documentation that
establishes all of the following:
(a) The plaintiff was convicted of 1 or more crimes under the
law of this state, was sentenced to a term of imprisonment in a
state correctional facility for the crime or crimes, and served at
least part of the sentence.
(b) The plaintiff's judgment of conviction was reversed or
vacated and either the charges were dismissed or on retrial the
plaintiff was found to be not guilty. This act does not apply if
the plaintiff was convicted of another criminal offense arising
from the same transaction and either that offense was not dismissed
or the plaintiff was convicted of that offense on retrial.
(c) DNA or equally reliable scientific or physical evidence
from which the plaintiff's judgment of conviction was entered
demonstrates that the plaintiff was not the perpetrator of the
crime and was not an accessory to the acts that were the basis of
the conviction and results in the reversal or vacation of the
judgment of conviction, dismissal of the charges, or finding of not
guilty.
(2) A complaint filed under this section shall be verified by
the plaintiff.
Sec. 5. (1) In an action under this act, the plaintiff is
entitled to judgment in the plaintiff's favor if the plaintiff
provides clear and convincing evidence to prove all of the
following:
(a) The plaintiff was convicted of 1 or more crimes under the
law of this state, was sentenced to a term of imprisonment in a
state correctional facility for the crime or crimes, and served at
least part of the sentence.
(b) The plaintiff's judgment of conviction was vacated and
either the charges were dismissed or the plaintiff was determined
upon retrial to be not guilty. This act does not apply if the
plaintiff was convicted of another criminal offense arising from
the same transaction and either that offense was not dismissed or
the plaintiff was convicted of that offense on retrial.
(c) DNA or equally reliable scientific or physical evidence
from which the plaintiff's judgment of conviction was entered
demonstrates that the plaintiff did not perpetrate the crime and
was not an accessory to the acts that were the basis of the
conviction and results in the reversal or vacation of the charges
in the judgment of conviction, dismissal of all of the charges, or
a finding of not guilty on all of the charges on retrial.
(2) Subject to subsections (4) and (5), if a court finds that
a plaintiff was wrongfully convicted and imprisoned, the court
shall award compensation as follows:
(a) Up to $60,000.00 for each year from the date the plaintiff
was imprisoned until the date the plaintiff was released from
prison, regardless of whether the plaintiff was released from
imprisonment on parole or because the maximum sentence was served.
(b) Economic damages, including, but not limited to, lost
wages, costs paid by the plaintiff associated with the plaintiff's
criminal defense and efforts to prove his or her innocence, and
medical expenses related to the imprisonment required after
release.
(c) Reasonable attorney fees. The award under this subdivision
shall not include any attorney fees or expenses incurred in
bringing a previous action that was dismissed. The award under this
subdivision shall not be deducted from the compensation awarded the
plaintiff, and the plaintiff's attorney is not entitled to receive
additional fees from the plaintiff.
(3) An award under subsection (2) is not subject to a limit on
the amount of damages except as stated in this act.
(4) Compensation shall not be awarded under subsection (2) for
any time during which the plaintiff was imprisoned under a
concurrent or consecutive sentence for another conviction.
(5) Compensation shall not be awarded under subsection (2) for
any injuries sustained by the plaintiff while imprisoned. The
making of a claim or receipt of compensation under this act does
not preclude a claim or action for compensation because of injuries
sustained by the plaintiff while imprisoned.
(6) An award of compensation under this act is not a finding
of wrongdoing against anyone. An award of compensation under this
act is not admissible in evidence in a civil action that is related
to the investigation, prosecution, or conviction that gave rise to
the wrongful conviction or imprisonment.
(7) The acceptance by the plaintiff 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 plaintiff, constitutes a complete release of all
claims against this state, and is a complete bar to any action by
the plaintiff against this state based on the same subject matter.
(8) A compensation 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 plaintiff's custody or to feed, clothe, or
provide medical services for the plaintiff while imprisoned.
(b) The value of any services awarded to the plaintiff under
this section.
(c) The value of any reduction in fees for services awarded to
the plaintiff under this section.
(9) If a plaintiff who is awarded compensation under this
section recovers damages for the wrongful conviction or
imprisonment from any other person, the plaintiff shall reimburse
this state for compensation paid under this section to the extent
of damages recovered from the other person.
(10) If a court determines that a plaintiff was wrongfully
convicted and imprisoned, the court shall enter an order that
provides that any record of the arrest, fingerprints, conviction,
and sentence of the plaintiff related to the wrongful conviction
shall be expunged from the criminal history record. A document that
is the subject of an order entered under this subsection is exempt
from disclosure under the freedom of information act, 1976 PA 442,
MCL 15.231 to 15.246.
Sec. 7. An action for compensation under this act shall be
commenced within 3 years after 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,
imprisoned, and released from custody before the effective date of
this act shall commence an action under this act within 5 years
after the effective date of this act.