The bill amends the "Wrongful Imprisonment Compensation Act" to enhance the definitions and processes for claims made by wrongfully convicted individuals. Key changes include a refined definition of "charges" to specify the criminal complaint leading to conviction, the inclusion of a trustee or conservator as a potential plaintiff if the individual is not competent, and a more focused definition of "new evidence" that pertains to evidence not presented during the guilt determination. The term "plaintiff" is adjusted to exclude deceased individuals' estates from making claims. Additionally, the bill introduces a new compensation structure that includes standard annuity payments for each year of wrongful imprisonment, alongside the existing lump-sum compensation.

The bill also streamlines the complaint filing process by removing certain documentation requirements while maintaining the necessity for evidence of wrongful conviction. It lowers the burden of proof from "clear and convincing" to "a preponderance of the evidence," facilitating easier claims for plaintiffs. Compensation awards are specified to be exempt from income taxes, although they may be subject to child support obligations. The bill mandates the expungement of all related arrest and conviction records if a court finds wrongful conviction, and it establishes a three-year limit for initiating compensation actions, with special provisions for individuals released before March 29, 2017, allowing them to file claims within 18 months of the bill's effective date.

Statutes affected:
Substitute (S-1): 691.1752
Senate Introduced Bill: 691.1752