Bill Text: FL S0494 | 2017 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Compensation of Victims of Wrongful Incarceration
Spectrum: Bipartisan Bill
Status: (Passed) 2017-06-19 - Chapter No. 2017-120 [S0494 Detail]
Download: Florida-2017-S0494-Introduced.html
Bill Title: Compensation of Victims of Wrongful Incarceration
Spectrum: Bipartisan Bill
Status: (Passed) 2017-06-19 - Chapter No. 2017-120 [S0494 Detail]
Download: Florida-2017-S0494-Introduced.html
Florida Senate - 2017 SB 494 By Senator Bradley 5-00262-17 2017494__ 1 A bill to be entitled 2 An act relating to compensation of victims of wrongful 3 incarceration; reordering and amending s. 961.02, 4 F.S.; making technical changes; defining the term 5 “violent felony”; amending s. 961.04, F.S.; revising 6 the circumstances under which a wrongfully 7 incarcerated person is not eligible for compensation 8 under the Victims of Wrongful Incarceration 9 Compensation Act; amending s. 961.06, F.S.; providing 10 that a wrongfully incarcerated person who commits a 11 violent felony, rather than a felony law violation, 12 which results in revocation of parole or community 13 supervision is ineligible for compensation; reenacting 14 s. 961.03(1)(a), (2), (3), and (4), F.S., relating to 15 determination of status as a wrongfully incarcerated 16 person and of eligibility for compensation, to 17 incorporate the amendment made to s. 961.04, F.S., in 18 references thereto; reenacting ss. 961.05(6), 19 961.055(1), and 961.056(4), F.S., relating to 20 determination of entitlement to compensation, 21 application for compensation for a wrongfully 22 incarcerated person, and an alternative application 23 for compensation for a wrongfully incarcerated person, 24 respectively, to incorporate the amendment made to s. 25 961.06, F.S., in references thereto; providing an 26 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 reordered 31 and amended to 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 (7)(4)“Wrongfully incarcerated person” means a person 39 whose felony conviction and sentence have been vacated by a 40 court of competent jurisdiction and who is the subject of an 41 order issued by the original sentencing court pursuant to s. 42 961.03, with respect to whom pursuant to the requirements of s.43961.03,the original sentencing court has issueditsorder44 finding that the person did not commitneither committedthe act 45 ornor theoffense that served as the basis for the conviction 46 and incarceration and that the person did not aid, abet, or act 47 as an accomplice or accessory to a person who committed the act 48 or offense. 49 (4)(5)“Eligible for compensation” means that a person 50 meets the definition of the term “wrongfully incarcerated 51 person” and is not disqualified from seeking compensation under 52 the criteria prescribed in s. 961.04. 53 (5)(6)“Entitled to compensation” means that a person meets 54 the definition of the term “eligible for compensation” and 55 satisfies the application requirements prescribed in s. 961.05, 56 and may receive compensation pursuant to s. 961.06. 57 (6) “Violent felony” means a felony listed in s. 58 775.084(1)(c)1. or s. 948.06(8)(c). 59 Section 2. Section 961.04, Florida Statutes, is amended to 60 read: 61 961.04 Eligibility for compensation for wrongful 62 incarceration.—A wrongfully incarcerated person is not eligible 63 for compensation under the act if: 64 (1) Before the person’s wrongful conviction and 65 incarceration, the person was convicted of, or pled guilty or 66 nolo contendere to, regardless of adjudication, any violent 67 felonyoffense, or a crime committed in another jurisdiction the 68 elements of which would constitute a violent felony in this 69 state, or a crime committed against the United States which is 70 designated a violent felony, excluding any delinquency 71 disposition; 72 (2) During the person’s wrongful incarceration, the person 73 was convicted of, or pled guilty or nolo contendere to, 74 regardless of adjudication, any violent felonyoffense; or 75 (3) During the person’s wrongful incarceration, the person 76 was also serving a concurrent sentence for another felony for 77 which the person was not wrongfully convicted. 78 Section 3. Subsection (2) of section 961.06, Florida 79 Statutes, is amended to read: 80 961.06 Compensation for wrongful incarceration.— 81 (2) In calculating monetary compensation under paragraph 82 (1)(a), a wrongfully incarcerated person who is placed on parole 83 or community supervision while serving the sentence resulting 84 from the wrongful conviction and who commits anything less than 85 a violent felonylaw violationthat results in revocation of the 86 parole or community supervision is eligible for compensation for 87 the total number of years incarcerated. A wrongfully 88 incarcerated person who commits a violent felonylaw violation89 that results in revocation of the parole or community 90 supervision is ineligible for any compensation under subsection 91 (1). 92 Section 4. For the purpose of incorporating the amendment 93 made by this act to section 961.04, Florida Statutes, in 94 references thereto, paragraph (a) of subsection (1) and 95 subsections (2), (3), and (4) of section 961.03, Florida 96 Statutes, are reenacted to read: 97 961.03 Determination of status as a wrongfully incarcerated 98 person; determination of eligibility for compensation.— 99 (1)(a) In order to meet the definition of a “wrongfully 100 incarcerated person” and “eligible for compensation,” upon entry 101 of an order, based upon exonerating evidence, vacating a 102 conviction and sentence, a person must set forth the claim of 103 wrongful incarceration under oath and with particularity by 104 filing a petition with the original sentencing court, with a 105 copy of the petition and proper notice to the prosecuting 106 authority in the underlying felony for which the person was 107 incarcerated. At a minimum, the petition must: 108 1. State that verifiable and substantial evidence of actual 109 innocence exists and state with particularity the nature and 110 significance of the verifiable and substantial evidence of 111 actual innocence; and 112 2. State that the person is not disqualified, under the 113 provisions of s. 961.04, from seeking compensation under this 114 act. 115 (2) The prosecuting authority must respond to the petition 116 within 30 days. The prosecuting authority may respond: 117 (a) By certifying to the court that, based upon the 118 petition and verifiable and substantial evidence of actual 119 innocence, no further criminal proceedings in the case at bar 120 can or will be initiated by the prosecuting authority, that no 121 questions of fact remain as to the petitioner’s wrongful 122 incarceration, and that the petitioner is not ineligible from 123 seeking compensation under the provisions of s. 961.04; or 124 (b) By contesting the nature, significance, or effect of 125 the evidence of actual innocence, the facts related to the 126 petitioner’s alleged wrongful incarceration, or whether the 127 petitioner is ineligible from seeking compensation under the 128 provisions of s. 961.04. 129 (3) If the prosecuting authority responds as set forth in 130 paragraph (2)(a), the original sentencing court, based upon the 131 evidence of actual innocence, the prosecuting authority’s 132 certification, and upon the court’s finding that the petitioner 133 has presented clear and convincing evidence that the petitioner 134 committed neither the act nor the offense that served as the 135 basis for the conviction and incarceration, and that the 136 petitioner did not aid, abet, or act as an accomplice to a 137 person who committed the act or offense, shall certify to the 138 department that the petitioner is a wrongfully incarcerated 139 person as defined by this act. Based upon the prosecuting 140 authority’s certification, the court shall also certify to the 141 department that the petitioner is eligible for compensation 142 under the provisions of s. 961.04. 143 (4)(a) If the prosecuting authority responds as set forth 144 in paragraph (2)(b), the original sentencing court shall make a 145 determination from the pleadings and supporting documentation 146 whether, by a preponderance of the evidence, the petitioner is 147 ineligible for compensation under the provisions of s. 961.04, 148 regardless of his or her claim of wrongful incarceration. If the 149 court finds the petitioner ineligible under the provisions of s. 150 961.04, it shall dismiss the petition. 151 (b) If the prosecuting authority responds as set forth in 152 paragraph (2)(b), and the court determines that the petitioner 153 is eligible under the provisions of s. 961.04, but the 154 prosecuting authority contests the nature, significance or 155 effect of the evidence of actual innocence, or the facts related 156 to the petitioner’s alleged wrongful incarceration, the court 157 shall set forth its findings and transfer the petition by 158 electronic means through the division’s website to the division 159 for findings of fact and a recommended determination of whether 160 the petitioner has established that he or she is a wrongfully 161 incarcerated person who is eligible for compensation under this 162 act. 163 Section 5. For the purpose of incorporating the amendment 164 made by this act to section 961.06, Florida Statutes, in a 165 reference thereto, subsection (6) of section 961.05, Florida 166 Statutes, is reenacted to read: 167 961.05 Application for compensation for wrongful 168 incarceration; administrative expunction; determination of 169 entitlement to compensation.— 170 (6) If the department determines that a claimant meets the 171 requirements of this act, the wrongfully incarcerated person who 172 is the subject of the claim becomes entitled to compensation, 173 subject to the provisions in s. 961.06. 174 Section 6. For the purpose of incorporating the amendment 175 made by this act to section 961.06, Florida Statutes, in a 176 reference thereto, subsection (1) of section 961.055, Florida 177 Statutes, is reenacted to read: 178 961.055 Application for compensation for a wrongfully 179 incarcerated person; exemption from application by nolle 180 prosequi.— 181 (1) A person alleged to be a wrongfully incarcerated person 182 who was convicted and sentenced to death on or before December 183 31, 1979, is exempt from the application provisions of ss. 184 961.03, 961.04, and 961.05 in the determination of wrongful 185 incarceration and eligibility to receive compensation pursuant 186 to s. 961.06 if: 187 (a) The Governor issues an executive order appointing a 188 special prosecutor to review the defendant’s conviction; and 189 (b) The special prosecutor thereafter enters a nolle 190 prosequi for the charges for which the defendant was convicted 191 and sentenced to death. 192 Section 7. For the purpose of incorporating the amendment 193 made by this act to section 961.06, Florida Statutes, in a 194 reference thereto, subsection (4) of section 961.056, Florida 195 Statutes, is reenacted to read: 196 961.056 Alternative application for compensation for a 197 wrongfully incarcerated person.— 198 (4) If the department determines that a claimant making 199 application under this section meets the requirements of this 200 chapter, the wrongfully incarcerated person is entitled to 201 compensation under s. 961.06. 202 Section 8. This act shall take effect October 1, 2017.