Providing for payment of interest in civil actions for wrongful conviction and directing the attorney general to seek damages for the state from any person who knowingly contributed to the wrongful conviction and prosecute ouster and criminal proceedings as warranted.
Impact
The bill significantly impacts state laws by amending existing statutes related to wrongful convictions. Claimants can now seek $65,000 for each year of wrongful imprisonment and additional compensation for time served under parole or other related conditions. The provision for covering reasonable attorney fees further eases the financial burden on claimants seeking justice. Additionally, the bill allows for the entry of a certificate of innocence and mandates expungement of the criminal record, thus restoring the individual's reputation and mitigating the long-term effects of wrongful convictions.
Summary
Senate Bill 91 addresses the legal recourse for individuals wrongfully convicted and imprisoned in Kansas. This legislation provides a framework for claimants to seek damages from the state upon being exonerated. The bill establishes specific criteria that must be met for claimants to prove their innocence, ensuring that those who did not commit the crime for which they were convicted can claim compensation. This is designed to offer a mechanism for restoring justice and mitigating the hardships faced by those wrongfully incarcerated.
Contention
One of the notable points of contention surrounding SB91 is the process of establishing a claim, especially since it requires demonstrating that the claimant did not engage in wrongful actions leading to conviction. This could pose challenges for many individuals and may lead to disputes regarding interpretation of evidence over time. While proponents argue this offers a balanced approach to protecting the rights of the wrongly convicted, opponents caution that the rigorous requirements might still prevent certain individuals from receiving the justice and compensation they deserve after enduring significant injustice.
Providing for payment of interest in civil actions for wrongful conviction and directing the attorney general to seek damages for the state from any person who knowingly contributed to the wrongful conviction and prosecute ouster and criminal proceedings as warranted.
Requiring persons who file lawsuits for wrongful conviction compensation to prove additional information, changing the compensation rates to daily rates instead of yearly rates and limiting housing assistance offered to such persons.
House Substitute for SB 190 by Committee on Judiciary - Requiring persons who file lawsuits for wrongful conviction compensation to prove additional information, changing the compensation rates to daily rates instead of yearly rates and limiting housing assistance to such persons.
Requiring a criminal conviction for civil asset forfeiture, remitting proceeds from civil asset forfeiture to the state general fund, increasing the burden of proof required to forfeit property, making certain property ineligible for forfeiture, providing persons involved in forfeiture proceedings representation by counsel and the ability to demand a jury trial and allowing a person to request a hearing on whether forfeiture is excessive.
Eliminating the cap on nonpecuniary loss in a wrongful death action when the action is brought against a person convicted of murder and extending the statute of limitations for wrongful death actions from two years to five years.
Permitting a prosecution for childhood sexual abuse to be commenced at any time, extending the time to file civil actions for recovery of damages caused by childhood sexual abuse and providing exceptions in the Kansas tort claims act for claims arising from such abuse.
Requiring a criminal conviction for civil asset forfeiture and proof beyond a reasonable doubt that property is subject to forfeiture, remitting proceeds to the state general fund and requiring law enforcement agencies to make forfeiture reports more frequently.
Requiring a criminal conviction for civil asset forfeiture and proof beyond a reasonable doubt that property is subject to forfeiture, remitting proceeds to the state general fund and requiring law enforcement agencies to make forfeiture reports more frequently.
Senate Substitute for HB 2127 by Committee on Judiciary - Permitting a prosecution for childhood sexual abuse to be commenced at any time, extending the time to file civil actions against an individual perpetrator or an entity for recovery of damages caused by childhood sexual abuse and providing exceptions in the Kansas tort claims act for claims arising from such abuse.
Providing for payment of interest in civil actions for wrongful conviction and directing the attorney general to seek damages for the state from any person who knowingly contributed to the wrongful conviction and prosecute ouster and criminal proceedings as warranted.