The proposed bill would significantly update current statutes regarding compensation for individuals wrongfully convicted of felonies. It would establish a new legal framework allowing these individuals to seek compensation from the state starting January 1, 2026, requiring them to prove their innocence by a preponderance of the evidence and to file claims within two years of their conviction being overturned or vacated. The bill also introduces the Erroneous Convictions Fund to provide compensation based on median household income for each year of wrongful incarceration, reimbursement for certain costs, and ensures that awarded compensation is not considered gross income for tax purposes. Additionally, it mandates the expungement of criminal records associated with erroneous convictions.

Moreover, the bill updates the expungement process by requiring courts to provide certified copies of expungement orders to the Department of Public Safety (DPS) and mandates the destruction of biological samples related to the arrest. It establishes new rights for victims of crimes linked to erroneous convictions, including reimbursement for mental health treatment and notification of expungement claims. The Attorney General would also have the authority to investigate misconduct by city or county employees contributing to wrongful convictions. The bill includes provisions for reimbursement from the Erroneous Convictions Fund and outlines the responsibilities of various agencies in implementing these changes, with a repeal date set for the statute enabling erroneous conviction claims.

Statutes affected:
Introduced Version: 8-862
Senate Engrossed Version: 8-862
Chaptered Version: 41-710.03, 13-3821, 13-610, 13-4033, 13-4401, 41-2407