Establishes provisions relating to restitution for certain individuals
Impact
The bill specifically highlights that restitution can only be claimed by individuals deemed actually innocent and not by heirs or assigns. It stipulates that the state retains sovereign immunity, meaning that the provisions do not pave the way for additional civil liability claims against the state. This legislation therefore not only seeks to provide financial assistance to the wrongfully convicted but also seeks to limit the potential legal repercussions faced by the state from these cases. The proposed law includes an expungement provision for records relating to the conviction, thereby allowing individuals to restore their reputations.
Summary
House Bill 2639 establishes new provisions relating to restitution for individuals who have been exonerated after being wrongfully convicted of felonies in Missouri. The bill replaces the existing Section 650.058 with three new sections: 490.800, 490.805, and 650.058, outlining the eligibility for restitution payments. Under these new provisions, individuals who are declared actually innocent can receive restitution of $100 per day for each day they were wrongfully incarcerated. This compensation is intended to assist individuals who have suffered losses due to wrongful convictions.
Contention
Notably, the discussions concerning HB2639 may involve varying opinions on the adequacy of compensation for the wrongfully convicted, as well as the limitations placed on seeking civil redress. Some stakeholders could raise questions about whether $100 per day sufficiently acknowledges the gravity of wrongful imprisonment, while others point to the importance of establishing a boundary against excessive legal claims. This balance between providing restitution and safeguarding the state's financial obligations creates a central point of contention for lawmakers and advocacy groups.