BILL NUMBER: S8013
SPONSOR: COMRIE
 
TITLE OF BILL:
An act to amend the court of claims act, in relation to claims for
unjust conviction and imprisonment
 
PURPOSE:
This bill will provide that those innocent persons who can demonstrate
by clear and convincing evidence that they were unjustly convicted and
imprisoned are able to recover damages against the state for time
served.
 
SUMMARY OF PROVISIONS:
This bill amends section 8b of the court of claims act of 1984 to
provide a five year window for a case to me made that damages should be
awarded to the victim of a proven wrongful conviction
 
JUSTIFICATION:
Innocent persons who have been wrongly convicted of crimes and subse-
quently imprisoned have been frustrated in seeking legal redress due to
a variety of substantive and technical obstacles in the law and that
such persons should have an available avenue of redress over and above
the existing tort remedies to seek compensation for damages.
The legislature intends by enactment of the provisions of this section
that those innocent persons who can demonstrate by clear and convincing
evidence that they were unjustly convicted and imprisoned be able to
recover damages against the state.
In light of the substantial burden of proof that must be carried by such
persons, it is the intent of the legislature that the court, in exercis-
ing its discretion as permitted by law regarding the weight and admissi-
bility of evidence submitted pursuant to this section, shall, in the
interest of justice, give due consideration to difficulties of proof
caused by the passage of time, the death or unavailability of witnesses,
the destruction of evidence or other factors not caused by such persons
or those acting on their behalf.
 
LEGISLATIVE HISTORY:
This is a new bill.
 
FISCAL IMPLICATIONS:
TBD.
 
EFFECTIVE DATE:
This act shall take effect immediately.