The bill amends K.S.A. 2024 Supp. 60-5004 to establish a legal framework for individuals wrongfully convicted and imprisoned to seek damages from the state. It defines a "claimant" as a person who has been convicted of a crime they did not commit and outlines the criteria that must be met for a successful claim, including the requirement that the claimant's conviction was reversed or vacated, and that they did not commit the crime or contribute to their conviction. The bill also specifies the process for filing a claim, including a two-year statute of limitations and the requirement for the claim to be served on the attorney general. Additionally, it details the damages that may be awarded, including compensation for years of imprisonment and provisions for attorney fees, interest, and non-monetary relief.

Furthermore, the bill includes provisions for the expungement of records upon the issuance of a certificate of innocence, ensuring that the claimant is treated as if they were never convicted. It also allows for the destruction of biological samples related to the wrongful conviction. The bill repeals the previous version of K.S.A. 2024 Supp. 60-5004 and will take effect upon publication in the statute book.

Statutes affected:
As introduced: 60-5004