Bill Text: MI HB4536 | 2015-2016 | 98th Legislature | Introduced
Bill Title: Civil procedure; remedies; wrongful imprisonment for crime; provide compensation for. Creates new act.
Spectrum: Moderate Partisan Bill (Democrat 10-2)
Status: (Introduced - Dead) 2015-06-16 - Referred To Second Reading [HB4536 Detail]
Download: Michigan-2015-HB4536-Introduced.html
HOUSE BILL No. 4536
April 29, 2015, Introduced by Reps. Chang, Howrylak, Hoadley, Liberati, Neeley, Moss, Irwin, Robinson, Garrett, Hovey-Wright, Sarah Roberts and Barrett and referred to the Committee on Criminal Justice.
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) "New evidence" means any evidence that was not presented
in the proceedings leading to plaintiff's conviction, including new
testimony, expert interpretation, the results of DNA testing, or
other test results relating to evidence that was presented in the
proceedings leading to plaintiff's conviction.
(c) "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.
(d) "State correctional facility" means a correctional
facility maintained and operated by the department of corrections.
(e) "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. 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.
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.
(c) New evidence demonstrates that the plaintiff was not the
perpetrator of the crime or crimes and was not an accessory or
accomplice to the acts that were the basis of the conviction and
resulted in a reversal or vacation of the judgment of conviction,
dismissal of the charges, finding of not guilty, or gubernatorial
pardon.
(2) A complaint filed under this section must be verified by
the plaintiff.
(3) A copy of a complaint filed under this section must be
served on the attorney general and on the office of the prosecuting
attorney who prosecuted the crime. The court shall give the
attorney general and the prosecuting attorney an opportunity to
contest the complaint.
(4) If the plaintiff's conviction was for an assaultive crime
or a serious misdemeanor, the prosecuting attorney shall notify the
victim of the assaultive crime or serious misdemeanor of the
application under section 22a or 77a of the William Van Regenmorter
crime victim's rights act, 1985 PA 87, MCL 780.772a and 780.827a.
The prosecuting attorney shall give the victim notice under this
subsection by first-class mail sent to the victim's last known
address. The victim or victim's representative has the right to
appear at any proceeding under this act concerning the complaint
and to make a written or oral statement.
Sec. 5. (1) In an action under this act, the plaintiff is
entitled to judgment in the plaintiff's favor if the plaintiff
proves all of the following by a preponderance of the evidence:
(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 the plaintiff was
determined upon retrial to be not guilty. However, the plaintiff is
not entitled to compensation under the act 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) New evidence demonstrates that the plaintiff did not
perpetrate the crime and was not an accomplice or accessory to the
acts that were the basis of the conviction, results in the reversal
or vacation of the charges in the judgment of conviction or a
gubernatorial pardon, and results in either 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) Sixty thousand dollars 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, actual costs including attorney fees paid by the plaintiff
associated with the plaintiff's criminal defense or to actual costs
paid to prove his or her innocence, and actual medical expenses
related to the imprisonment required after release.
(c) Reasonable attorney fees incurred in an action under this
act. An award under this act must not include any attorney fees or
expenses incurred in bringing a previous action that was dismissed.
An award of attorney fees under this act may not be deducted from
the compensation awarded the plaintiff, and the plaintiff's
attorney is not entitled to receive additional fees from the
plaintiff.
(d) Reimbursement of any amount awarded and collected by this
state under the state correctional facility reimbursement act, 1935
PA 253, MCL 800.401 to 800.406.
(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 may 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 may 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, must 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 may 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,
including expenses required to be collected under the state
correctional facility reimbursement act, 1935 PA 253, MCL 800.401
to 800.406. The attorney general is specifically excused from
complying with the state correctional facility reimbursement act,
1935 PA 253, MCL 800.401 to 800.406.
(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 act.
(9) A compensation award under this act is subject to the
payment of child support, including child support arrearages, owed
by the plaintiff. The plaintiff remains liable for any child
support or arrearage under the office of child support act, 1971 PA
174, MCL 400.231 to 400.240, and the support and parenting time
enforcement act, 1982 PA 295, MCL 552.601 to 552.650, except for
any child support or arrearage that erroneously accrued while the
plaintiff was imprisoned. Child support must be deducted from an
award under this act before the plaintiff receives any of the money
from the award. This subsection does not affect any ongoing child
support obligation of the plaintiff.
(10) This act does not impair or limit the right of a state or
local government to collect a debt of a plaintiff from the
plaintiff's award of compensation under this act.
(11) An award of compensation under this act is subject to
setoff or reimbursement for damages obtained for the wrongful
conviction or imprisonment from any other person.
(12) 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 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. Any reimbursement as provided for under section
5(2)(d) must be paid from the general fund of this state and not
reimbursed out of any state department's or agency's annual budget
or current funding.
Sec. 9. An action for compensation under this act must 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 must commence an action under this act within 3 years
after the effective date of this act.
