*EH1283.1*
February 11, 2022
ENGROSSED
HOUSE BILL No. 1283
_____
DIGEST OF HB 1283 (Updated February 8, 2022 12:30 pm - DI 106)
Citations Affected: IC 5-2.
Synopsis: Exoneration payments. Provides that a person applying to
the Indiana criminal justice institute seeking compensation for
wrongful incarceration must prove that he or she is actually innocent
by a preponderance of the evidence. Requires compensation payments
to be suspended during any period in which charges are pending
against the person.
Effective: July 1, 2022.
Steuerwald, Thompson, Smaltz,
Porter
(SENATE SPONSORS — YOUNG M, MISHLER, FREEMAN, TAYLOR G)
January 10, 2022, read first time and referred to Committee on Courts and Criminal Code.
January 20, 2022, reported — Do Pass.
January 24, 2022, read second time, ordered engrossed. Engrossed.
January 25, 2022, read third time, passed. Yeas 89, nays 0.
SENATE ACTION
February 2, 2022, read first time and referred to Committee on Corrections and Criminal
Law.
February 10, 2022, amended, reported favorably — Do Pass.
EH 1283—LS 7181/DI 134 February 11, 2022
Second Regular Session of the 122nd General Assembly (2022)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2021 Regular Session of the General Assembly.
ENGROSSED
HOUSE BILL No. 1283
A BILL FOR AN ACT to amend the Indiana Code concerning state
and local administration.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 5-2-23-2, AS ADDED BY P.L.165-2019,
2 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2022]: Sec. 2. (a) As used in this chapter, "actually innocent"
4 means, with respect to a particular offense, that a person:
5 (1) did not commit the offense; and
6 (2) did not:
7 (A) commit;
8 (B) take part in; or
9 (C) plan, prepare for, or participate in the planning or
10 preparation of;
11 any other criminal act in connection with that offense.
12 The mere fact that the trier of fact acquitted or did not convict the
13 person on remand is insufficient, standing alone, to establish that the
14 person is actually innocent.
15 (b) An applicant must prove that he or she is actually innocent
16 by a preponderance of the evidence.
17 SECTION 2. IC 5-2-23-8, AS AMENDED BY P.L.165-2021,
EH 1283—LS 7181/DI 134 2
1 SECTION 60, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2 JULY 1, 2022]: Sec. 8. (a) A person to whom this chapter applies may
3 seek compensation under this chapter by applying to the criminal
4 justice institute on a form and in a manner to be determined by the
5 criminal justice institute. An application must be submitted not later
6 than:
7 (1) November 1, 2021; or
8 (2) two (2) years from the date the:
9 (A) judgment vacating, reversing, or setting aside the person's
10 conviction becomes final; or
11 (B) governor pardons the person;
12 whichever is later. An applicant shall submit additional evidence to the
13 criminal justice institute upon request by the criminal justice institute.
14 (b) An applicant must demonstrate the following in any application
15 submitted to the criminal justice institute:
16 (1) The applicant's eligibility, by a preponderance of the
17 evidence, for compensation under this chapter as described in this
18 chapter.
19 (2) The applicant's compliance with any rules promulgated or
20 required by the criminal justice institute pursuant to section 9 of
21 this chapter.
22 (c) Upon receipt of:
23 (1) a completed application; and
24 (2) any additional evidence required by the criminal justice
25 institute;
26 the criminal justice institute shall evaluate, investigate, and make a
27 determination with respect to an applicant's claim.
28 (d) If, at the conclusion of an investigation performed pursuant to
29 subsection (c), the criminal justice institute determines that the
30 applicant qualifies for compensation under this chapter, the criminal
31 justice institute shall pay any compensation due to the applicant,
32 subject to the requirements of subsections (e) and (f).
33 (e) This subsection applies to any application or compensation
34 owed, regardless of when the application was initially submitted or a
35 payment of the compensation was initially made. The criminal justice
36 institute may not pay, or continue to pay, compensation to an applicant
37 who:
38 (1) has received an award for restitution or damages described in
39 section 1 of this chapter in connection with the conviction;
40 (2) has a pending case that might result in an award for restitution
41 or damages described in section 1 of this chapter with respect to
42 the conviction;
EH 1283—LS 7181/DI 134 3
1 (3) has not executed the waiver described in section 4 of this
2 chapter;
3 (4) is charged with or is serving a term of imprisonment for a
4 crime other than a crime for which the individual was wrongfully
5 incarcerated; or
6 (5) is serving a term of imprisonment after the revocation of
7 parole or probation for a crime other than a crime for which the
8 individual was wrongfully incarcerated.
9 However, after disposition of a criminal charge not resulting in a
10 term of imprisonment, or after a term of imprisonment described in
11 subdivision (4) or (5) has concluded, the criminal justice institute shall
12 resume paying compensation to the individual.
13 (f) The criminal justice institute may only pay compensation to the
14 individual who was wrongfully incarcerated or, on behalf of the
15 individual, to the individual's guardian. The criminal justice institute
16 may not pay compensation to:
17 (1) the estate of;
18 (2) a fiduciary of;
19 (3) a trust on behalf of; or
20 (4) an assignee of;
21 the wrongfully incarcerated individual.
EH 1283—LS 7181/DI 134 4
COMMITTEE REPORT
Mr. Speaker: Your Committee on Courts and Criminal Code, to
which was referred House Bill 1283, has had the same under
consideration and begs leave to report the same back to the House with
the recommendation that said bill do pass.
(Reference is to HB 1283 as introduced.)
SCHAIBLEY
Committee Vote: Yeas 9, Nays 0
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COMMITTEE REPORT
Madam President: The Senate Committee on Corrections and
Criminal Law, to which was referred House Bill No. 1283, has had the
same under consideration and begs leave to report the same back to the
Senate with the recommendation that said bill be AMENDED as
follows:
Page 3, line 3, after "is" insert "charged with or is".
Page 3, line 3, reset in roman "serving a term of imprisonment".
Page 3, line 3, delete "currently incarcerated in".
Page 3, delete line 4.
Page 3, line 5, delete "operated by the department of correction".
Page 3, line 7, reset in roman "serving a term of imprisonment
after".
Page 3, line 7, delete "currently".
Page 3, line 8, delete "incarcerated due to".
Page 3, line 11, after "after" insert "disposition of a criminal
charge not resulting in a term of imprisonment, or after".
and when so amended that said bill do pass.
(Reference is to HB 1283 as printed January 20, 2022.)
YOUNG M, Chairperson
Committee Vote: Yeas 4, Nays 3.
EH 1283—LS 7181/DI 134