Second Regular Session of the 122nd General Assembly (2022)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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between statutes enacted by the 2021 Regular Session of the General Assembly.
HOUSE ENROLLED ACT No. 1283
AN ACT to amend the Indiana Code concerning state and local
administration.
Be it enacted by the General Assembly of the State of Indiana:
SECTION 1. IC 5-2-23-2, AS ADDED BY P.L.165-2019,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 2. (a) As used in this chapter, "actually innocent"
means, with respect to a particular offense, that a person:
(1) did not commit the offense; and
(2) did not:
(A) commit;
(B) take part in; or
(C) plan, prepare for, or participate in the planning or
preparation of;
any other criminal act in connection with that offense.
The mere fact that the trier of fact acquitted or did not convict the
person on remand is insufficient, standing alone, to establish that the
person is actually innocent.
(b) An applicant must prove that he or she is actually innocent
by a preponderance of the evidence.
SECTION 2. IC 5-2-23-8, AS AMENDED BY P.L.165-2021,
SECTION 60, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 8. (a) A person to whom this chapter applies may
seek compensation under this chapter by applying to the criminal
justice institute on a form and in a manner to be determined by the
HEA 1283 — CC 1 2
criminal justice institute. An application must be submitted not later
than:
(1) November 1, 2021; or
(2) two (2) years from the date the:
(A) judgment vacating, reversing, or setting aside the person's
conviction becomes final; or
(B) governor pardons the person;
whichever is later. An applicant shall submit additional evidence to the
criminal justice institute upon request by the criminal justice institute.
(b) An applicant must demonstrate the following in any application
submitted to the criminal justice institute:
(1) The applicant's eligibility, by a preponderance of the
evidence, for compensation under this chapter as described in this
chapter.
(2) The applicant's compliance with any rules promulgated or
required by the criminal justice institute pursuant to section 9 of
this chapter.
(c) Upon receipt of:
(1) a completed application; and
(2) any additional evidence required by the criminal justice
institute;
the criminal justice institute shall evaluate, investigate, and make a
determination with respect to an applicant's claim.
(d) If, at the conclusion of an investigation performed pursuant to
subsection (c), the criminal justice institute determines that the
applicant qualifies for compensation under this chapter, the criminal
justice institute shall pay any compensation due to the applicant,
subject to the requirements of subsections (e) and (f).
(e) This subsection applies to any application or compensation
owed, regardless of when the application was initially submitted or a
payment of the compensation was initially made. The criminal justice
institute may not pay, or continue to pay, compensation to an applicant
who:
(1) has received an award for restitution or damages described in
section 1 of this chapter in connection with the conviction;
(2) has a pending case that might result in an award for restitution
or damages described in section 1 of this chapter with respect to
the conviction;
(3) has not executed the waiver described in section 4 of this
chapter;
(4) is serving a term of imprisonment currently incarcerated in
a county, city, or federal jail or prison or in an institution
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operated by the department of correction for a crime other than
a crime for which the individual was wrongfully incarcerated; or
(5) is serving a term of imprisonment after currently
incarcerated due to the revocation of parole or probation for a
crime other than a crime for which the individual was wrongfully
incarcerated.
However, after a term of imprisonment described in subdivision (4) or
(5) has concluded, the criminal justice institute shall resume paying
compensation to the individual.
(f) The criminal justice institute may only pay compensation to the
individual who was wrongfully incarcerated or, on behalf of the
individual, to the individual's guardian. The criminal justice institute
may not pay compensation to:
(1) the estate of;
(2) a fiduciary of;
(3) a trust on behalf of; or
(4) an assignee of;
the wrongfully incarcerated individual.
HEA 1283 — CC 1 Speaker of the House of Representatives
President of the Senate
President Pro Tempore
Governor of the State of Indiana
Date: Time:
HEA 1283 — CC 1