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S.F. No. 173 - Compensation for Exonerated Persons (First Engrossment)
 
Author: Senator Ron Latz
 
Prepared By: Chris Turner, Senate Fiscal Analyst (651/296-4350)
 
Date: March 29, 2019



 

The bill modifies the definition of an “exonerated person” in response to the Back v. State Supreme Court decision that found that section 509.11 includes an unconstitutional violation of the right to equal protection.

Section 1. Definitions.  Amends the definition of “exonerated” to mean either:

  • A court vacated or reversed a judgment of conviction on grounds consistent with innocence and either (a) there are no remaining felony charges in effect against the petitioner arising from the same behavioral incident or (b) if there are remaining felony charges arising from the same behavioral incident, the prosecutor dismissed those charges; or
  • A court ordered a new trial on grounds consistent with innocence and either (a) the prosecutor dismissed all felony charges against the petitioner that arose from the same behavioral incident or (b) the petitioner was found not guilty of all felony charges that arose from the same behavioral incident.

Further amends the definition to apply only to situations where 60 days have passed since the court reversed or vacated the judgment of conviction and either (a) the prosecutor has not filed new felony charges arising out of the same behavioral incident or (b) any newly filed felony charges were dismissed or resulted in a not guilty verdict at trial.

Defines “on grounds consistent with innocence” as either exonerated through (1) a pardon based on factual innocence or (2) the vacation or reversal of a judgment of conviction based on evidence of factual innocence.

Section 2. Procedure.  Eliminates a deadline for individuals exonerated before the law went into effect in 2014 that required those individuals to file a petition for compensation based on exoneration by July 1, 2016.  Permits a person who did not meet both requirements of subdivision 1, clause,(1), item (i), before July 1, 2019, to file a petition for compensation based on exoneration at any time between July 1, 2019, and July 1, 2021.

Section 3. Elements.  Removes references to “in prison” and “imprisonment” and inserts the term “incarceration.”  Expands the category of individuals permitted to file a petition for compensation despite serving a term of incarceration for another crime to include those sentenced to additional executed sentences that had been stayed, but were executed as a result of the conviction that is the basis of the petition.

Section 4. Order. Replaces the term “imprisonment” with “incarceration.”

Section 5. Reimbursement; monetary damages; attorney fees.  Replaces the term “imprisonment” with “incarceration.”

Section 6. Limits on damages.  Replaces the term “imprisonment” with “incarceration.”

Section 7. Compensating exonerated persons; appropriations process.  Removes the requirement that consideration of an appropriation for the amount of any award to an exonerated person takes place during the next legislative session.

Section 8. Short title.  Amends the title of provisions related to compensation based on exoneration from the “Imprisonment and Exoneration Remedies Act” to the “Incarceration and Exoneration Remedies Act.”

 
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