Bill Text: FL S0162 | 2015 | Regular Session | Introduced
Bill Title: Compensation of Victims of Wrongful Incarceration
Spectrum: Bipartisan Bill
Status: (Failed) 2015-05-01 - Died in Judiciary [S0162 Detail]
Download: Florida-2015-S0162-Introduced.html
Florida Senate - 2015 SB 162 By Senators Joyner and Bradley 19-00004-15 2015162__ 1 A bill to be entitled 2 An act relating to compensation of victims of wrongful 3 incarceration; amending s. 961.02, F.S.; defining the 4 term “violent felony”; amending s. 961.04, F.S.; 5 providing that a person is disqualified from receiving 6 compensation under the Victims of Wrongful 7 Incarceration Compensation Act if, before or during 8 the person’s wrongful conviction and incarceration, 9 the person was convicted of, pled guilty or nolo 10 contendere to, or was serving a concurrent 11 incarceration for, another violent felony; amending s. 12 961.06, F.S.; providing that a wrongfully incarcerated 13 person who commits a violent felony law violation, 14 rather than a felony law violation, which results in 15 revocation of parole or community supervision is 16 ineligible for compensation; reenacting s. 17 961.03(1)(a), (2), (3), and (4), F.S., relating to 18 determination of status as a wrongfully incarcerated 19 person and determination of eligibility for 20 compensation, to incorporate the amendments made to s. 21 961.04, F.S., in references thereto; reenacting s. 22 961.055(1), F.S., relating to application for 23 compensation for a wrongfully incarcerated person and 24 exemption from application by nolle prosequi, to 25 incorporate the amendments made to s. 961.04, F.S., in 26 references thereto; providing an effective date. 27 28 Be It Enacted by the Legislature of the State of Florida: 29 30 Section 1. Section 961.02, Florida Statutes, is amended to 31 read: 32 961.02 Definitions.—As used in ss. 961.01-961.07, the term: 33 (1) “Act” means the Victims of Wrongful Incarceration 34 Compensation Act. 35 (2) “Department” means the Department of Legal Affairs. 36 (3) “Division” means the Division of Administrative 37 Hearings. 38(4) “Wrongfully incarcerated person” means a person whose39felony conviction and sentence have been vacated by a court of40competent jurisdiction and, with respect to whom pursuant to the41requirements of s. 961.03, the original sentencing court has42issued its order finding that the person neither committed the43act nor the offense that served as the basis for the conviction44and incarceration and that the person did not aid, abet, or act45as an accomplice or accessory to a person who committed the act46or offense.47 (4)(5)“Eligible for compensation” means a person meets the 48 definition of the term “wrongfully incarcerated person” and is 49 not disqualified from seeking compensation under the criteria 50 prescribed in s. 961.04. 51 (5)(6)“Entitled to compensation” means a person meets the 52 definition of the term “eligible for compensation” and satisfies 53 the application requirements prescribed in s. 961.05, and may 54 receive compensation pursuant to s. 961.06. 55 (6) “Violent felony” means a felony offense listed in s. 56 775.084(1)(c)1. or s. 948.06(8)(c). 57 (7) “Wrongfully incarcerated person” means a person whose 58 felony conviction and sentence have been vacated by a court of 59 competent jurisdiction and the original sentencing court has 60 issued its order, pursuant to the requirements of s. 961.03, 61 finding that the person neither committed the act nor the 62 offense that served as the basis for the conviction and 63 incarceration and that the person did not aid, abet, or act as 64 an accomplice or accessory to a person who committed the act or 65 offense. 66 Section 2. Section 961.04, Florida Statutes, is amended to 67 read: 68 961.04 Eligibility for compensation for wrongful 69 incarceration.—A wrongfully incarcerated person is not eligible 70 for compensation under the act if: 71 (1) Before the person’s wrongful conviction and 72 incarceration, the person was convicted of, or pled guilty or 73 nolo contendere to, regardless of adjudication, any violent 74 felony offense, or a crime committed in another jurisdiction the 75 elements of which would constitute a violent felony in this 76 state, or a crime committed against the United States which is 77 designated a violent felony, excluding any delinquency 78 disposition; 79 (2) During the person’s wrongful incarceration, the person 80 was convicted of, or pled guilty or nolo contendere to, 81 regardless of adjudication, any violent felony offense; or 82 (3) During the person’s wrongful incarceration, the person 83 was also serving a concurrent sentence for another felony for 84 which the person was not wrongfully convicted. 85 Section 3. Subsection (2) of section 961.06, Florida 86 Statutes, is amended to read: 87 961.06 Compensation for wrongful incarceration.— 88 (2) In calculating monetary compensation under paragraph 89 (1)(a), a wrongfully incarcerated person who is placed on parole 90 or community supervision while serving the sentence resulting 91 from the wrongful conviction and who commits anything less than 92 a violent felony law violation that results in revocation of the 93 parole or community supervision is eligible for compensation for 94 the total number of years incarcerated. A wrongfully 95 incarcerated person who commits a violent felony law violation 96 that results in revocation of the parole or community 97 supervision is ineligible for any compensation under subsection 98 (1). 99 Section 4. For the purpose of incorporating the amendments 100 made by this act to section 961.04, Florida Statutes, in 101 references thereto, paragraph (a) of subsection (1) and 102 subsections (2), (3), and (4) of section 961.03, Florida 103 Statutes, are reenacted to read: 104 961.03 Determination of status as a wrongfully incarcerated 105 person; determination of eligibility for compensation.— 106 (1)(a) In order to meet the definition of a “wrongfully 107 incarcerated person” and “eligible for compensation,” upon entry 108 of an order, based upon exonerating evidence, vacating a 109 conviction and sentence, a person must set forth the claim of 110 wrongful incarceration under oath and with particularity by 111 filing a petition with the original sentencing court, with a 112 copy of the petition and proper notice to the prosecuting 113 authority in the underlying felony for which the person was 114 incarcerated. At a minimum, the petition must: 115 1. State that verifiable and substantial evidence of actual 116 innocence exists and state with particularity the nature and 117 significance of the verifiable and substantial evidence of 118 actual innocence; and 119 2. State that the person is not disqualified, under the 120 provisions of s. 961.04, from seeking compensation under this 121 act. 122 (2) The prosecuting authority must respond to the petition 123 within 30 days. The prosecuting authority may respond: 124 (a) By certifying to the court that, based upon the 125 petition and verifiable and substantial evidence of actual 126 innocence, no further criminal proceedings in the case at bar 127 can or will be initiated by the prosecuting authority, that no 128 questions of fact remain as to the petitioner’s wrongful 129 incarceration, and that the petitioner is not ineligible from 130 seeking compensation under the provisions of s. 961.04; or 131 (b) By contesting the nature, significance, or effect of 132 the evidence of actual innocence, the facts related to the 133 petitioner’s alleged wrongful incarceration, or whether the 134 petitioner is ineligible from seeking compensation under the 135 provisions of s. 961.04. 136 (3) If the prosecuting authority responds as set forth in 137 paragraph (2)(a), the original sentencing court, based upon the 138 evidence of actual innocence, the prosecuting authority’s 139 certification, and upon the court’s finding that the petitioner 140 has presented clear and convincing evidence that the petitioner 141 committed neither the act nor the offense that served as the 142 basis for the conviction and incarceration, and that the 143 petitioner did not aid, abet, or act as an accomplice to a 144 person who committed the act or offense, shall certify to the 145 department that the petitioner is a wrongfully incarcerated 146 person as defined by this act. Based upon the prosecuting 147 authority’s certification, the court shall also certify to the 148 department that the petitioner is eligible for compensation 149 under the provisions of s. 961.04. 150 (4)(a) If the prosecuting authority responds as set forth 151 in paragraph (2)(b), the original sentencing court shall make a 152 determination from the pleadings and supporting documentation 153 whether, by a preponderance of the evidence, the petitioner is 154 ineligible for compensation under the provisions of s. 961.04, 155 regardless of his or her claim of wrongful incarceration. If the 156 court finds the petitioner ineligible under the provisions of s. 157 961.04, it shall dismiss the petition. 158 (b) If the prosecuting authority responds as set forth in 159 paragraph (2)(b), and the court determines that the petitioner 160 is eligible under the provisions of s. 961.04, but the 161 prosecuting authority contests the nature, significance or 162 effect of the evidence of actual innocence, or the facts related 163 to the petitioner’s alleged wrongful incarceration, the court 164 shall set forth its findings and transfer the petition by 165 electronic means through the division’s website to the division 166 for findings of fact and a recommended determination of whether 167 the petitioner has established that he or she is a wrongfully 168 incarcerated person who is eligible for compensation under this 169 act. 170 Section 5. For the purpose of incorporating the amendments 171 made by this act to section 961.04, Florida Statutes, in 172 references thereto, subsection (1) of section 961.055, Florida 173 Statutes, is reenacted to read: 174 961.055 Application for compensation for a wrongfully 175 incarcerated person; exemption from application by nolle 176 prosequi.— 177 (1) A person alleged to be a wrongfully incarcerated person 178 who was convicted and sentenced to death on or before December 179 31, 1979, is exempt from the application provisions of ss. 180 961.03, 961.04, and 961.05 in the determination of wrongful 181 incarceration and eligibility to receive compensation pursuant 182 to s. 961.06 if: 183 (a) The Governor issues an executive order appointing a 184 special prosecutor to review the defendant’s conviction; and 185 (b) The special prosecutor thereafter enters a nolle 186 prosequi for the charges for which the defendant was convicted 187 and sentenced to death. 188 Section 6. This act shall take effect October 1, 2015.