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.