Civil procedure: remedies; wrongful imprisonment compensation act; modify evidence requirements. Amends secs. 2, 4, 5 & 7 of 2016 PA 343 (MCL 691.1752 et seq.).
Impact
The bill would significantly simplify the process for individuals wrongfully convicted to claim compensation. Compensation is regulated to ensure that for every year of wrongful imprisonment, a plaintiff may receive $50,000, with allowances for attorney fees that must not exceed a certain percentage of the total compensation. Furthermore, the acceptance of such compensation is designed to not imply any wrongdoing on the part of the state. This creates a more straightforward avenue for those wrongfully imprisoned to receive justice while ensuring the state is protected against undue claims related to previous convictions.
Summary
Senate Bill 0997 aims to amend the 2016 Wrongful Imprisonment Compensation Act, specifically targeting the criteria and procedures surrounding claims for compensation due to wrongful convictions in the state of Michigan. One significant change proposed is in the definition of 'new evidence,' which the bill now specifies must include evidence not previously presented during the conviction proceedings, such as DNA test results or new eyewitness testimonies, but not merely a witness’s recantation without supporting evidence. This change seeks to clarify and tighten the standards under which claims can be made, affecting how individuals can seek redress after wrongful conviction.
Contention
Notably, the bill specifies that compensation cannot be awarded for time incarcerated under other sentences or for injuries sustained while in prison. There are provisions for expungement of criminal records linked to wrongful convictions, which underscores the potential influence of this legislation on individuals' future job opportunities and rights. However, tying compensation to claims of child support debts could provoke debate about whether that might disincentivize claims among those who are financially burdened. Overall, the amendments could lead to debates on the interpretation of evidence standards and the appropriate balance between safeguarding the rights of the wrongfully imprisoned and protecting state interests.
Criminal procedure: evidence; certain procedures pertaining to sexual assault kit evidence; modify. Amends secs. 3, 4 & 5 of 2014 PA 227 (MCL 752.933 et seq.) & adds sec. 4a.
Relating to the wrongful imprisonment of a person and to procedures for providing compensation for that imprisonment and for exonerating a wrongfully imprisoned person who is deceased.
Relating to the wrongful imprisonment of a person and to procedures for providing compensation for that imprisonment and for exonerating a wrongfully imprisoned person who is deceased.
Civil procedure: evictions; rent abatement remedies and award of attorney fees; modify. Amends secs. 5720, 5741 & 5759 of 1961 PA 236 (MCL 600.5720 et seq.). TIE BAR WITH: HB 5761'24
Civil procedure: evidence; guidelines for expert testimony in certain cases; provide for. Amends secs. 81, 81a, 136b, 520b, 520c, 520d, 520e & 520g of 1931 PA 328 (MCL 750.81 et seq.).
Criminal procedure: expunction; procedures and eligibility for the expungement of certain records; provide for. Amends secs. 1b, 1c, 1d, 2 & 3 of 1965 PA 213 (MCL 780.621b et seq.) & adds sec. 1j & repeals sec. 4 of 1965 PA 213 (MCL 780.624).
Criminal procedure: expunction; procedures and eligibility for the expungement of certain records; provide for. Amends secs. 1b, 1c, 1d, 2 & 3 of 1965 PA 213 (MCL 780.621b et seq.); adds sec. 1j & repeals sec. 4 of 1965 PA 213 (MCL 780.624).
Providing for liability for false claims, for adoption of congressional intent of the Federal False Claims Act, for damages, costs and civil penalties, for powers of Attorney General, for qui tam actions and for civil investigative demands.
Providing for liability for false claims, for adoption of congressional intent of the Federal False Claims Act, for damages, costs and civil penalties, for powers of Attorney General, for qui tam actions and for civil investigative demands.