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 contribute to their wrongful conviction. The bill also specifies the process for filing a claim, including a two-year statute of limitations and the requirement for the suit to be tried by the court without a jury.

Additionally, the bill details the damages that may be awarded, including $65,000 for each year of wrongful imprisonment and provisions for attorney fees and other forms of assistance. It mandates the expungement of records upon the issuance of a certificate of innocence and allows for the destruction of biological samples related to the wrongful conviction. The bill also includes provisions for the state to recover damages from individuals responsible for the wrongful conviction and allows for appeals to the supreme court. The existing law, K.S.A. 2024 Supp. 60-5004, is repealed, and the new provisions will take effect upon publication in the statute book.

Statutes affected:
As introduced: 60-5004