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S.F. No. 2778 - Compensation for Exonerated Persons
Author: Senator Ron Latz
Prepared By:
Date: March 12, 2018


Section 1 amends the definition of “exonerated” to modify the circumstances under which a person is eligible for compensation because a court vacated or reversed a judgment on grounds consistent with innocence or ordered a new trial.

Section 2 specifies application of the law to persons who did not meet the statutory requirements under prior law, but would be eligible under the new provisions of this act.  Those persons could commence an action on or after July 1, 2018, and before July 1, 2020.

Section 3 amends the elements that are necessary for the person to be eligible for compensation to include persons who served a term of incarceration, as well as imprisonment.  It would also include a person who served additional executed sentences that had been previously stayed if the reason for the execution of the sentence was due to a conviction that is a basis for an exoneration claim.

Section 4 changes a reference from “imprisonment” to “incarceration.”

Section 5 puts a $100,000 annual cap on the amount of monetary damages and also changes references to “incarceration.”

Section 6 changes a reference from “imprisonment” to “incarceration.”

Section 7 eliminates language specifying that the submission of an award to the legislature for consideration as an appropriation must be made during the next legislative session.

Section 8 amends the title of the act.

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