SCS/SBs 253, 146 & 446 - Under current law, only individuals who are exonerated based on DNA evidence may receive restitution for a wrongful conviction.

This act provides that any individual who was later determined to be innocent as a result of another evidentiary method may be paid restitution. Such individual may receive an amount of $179 per day for each day of postconviction incarceration for the offense the individual is found to be innocent, up to $65,000 per fiscal year.

Any individual who receives restitution pursuant to this act shall be prohibited from seeking any civil redress from the state or a political subdivision.

Any individual found innocent pursuant to this act shall receive an automatic order of expungement from the court in which he or she pled guilty or was sentenced and may also be awarded other nonmonetary relief, such as counseling and housing assistance.

These provisions are substantially similar to SB 446 (2023), SB 146 (2023), SB 1094 (2022), and HB 2474 (2022) and substantially similar to HB 1569 (2022), HB 2592 (2022), HB 2639 (2022), and HCS/HB 2412 (2022).

MARY GRACE PRINGLE

Statutes affected:
Introduced (0395S.01): 506.400, 650.058
Committee (0395S.05): 650.058

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Senate Committee Minutes:
SENATE COMMITTEE MINUTES Bill No.: SB 253
Sponsor: Williams
Hearing Date: 2/20/2023


COMMITTEE: Judiciary and Civil and Criminal Jurisprudence

CHAIRMAN: Luetkemeyer

DATE REFERRED: 2/9/2023 DATE HEARING REQUESTED:



STAFF:
Bradley Green
Cindy Kadlec
Katie O'Brien
Mary Grace Pringle


WITNESSES GIVING INFORMATION:



WITNESSES FOR:
Bay Scoggin - Innocence Project
Latahra Smith Carnes - Individual
Tricia Rojo Bushnell - Midwest Innocence Project
Kaycee Nail - Empower Missouri
Curtis Joseph Wichmer - Missouri Catholic Conference
Elyse Max - Missourians to Abolish the Death Penalty
Darrell Moore - Missouri Association of Prosecuting Attorneys; Missouri Office of Prosecution Services
Keith Carnes - Individual
Ricky Kidd - Individual
Joshua Kezer - Individual
Lamar Johnson - Individual
Joe Amrine - Individual


WITNESSES AGAINST: