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.
Criminal Proceedings; the award of reasonable attorney's fees and costs in a criminal case to the defendant upon such defendant making a successful motion to disqualify the prosecuting attorney for misconduct in connection with the case; provide