The bill amends K.S.A. 2024 Supp. 60-5004 to establish a legal framework for individuals wrongfully convicted of crimes to seek damages from the state. It defines a "claimant" as a person who has been convicted and imprisoned for a crime they did not commit. The claimant must prove their innocence by demonstrating that their conviction was reversed or vacated, that they did not commit the crime, and that they did not contribute to their wrongful conviction. The bill also outlines 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 specifies the damages that claimants may receive, including $65,000 for each year of wrongful imprisonment and provisions for attorney fees and costs. 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 seek recovery of damages from individuals who contributed to the wrongful conviction. Overall, the legislation aims to provide justice and compensation for those wrongfully imprisoned while ensuring a structured legal process for claims.

Statutes affected:
As introduced: 60-5004