MI
Michigan Senate Bill SB0997

Michigan 2023-2024 Regular Session

Michigan Senate Bill SB0997

Introduced
9/11/24  
Refer
9/11/24  
Report Pass
11/26/24  

Caption

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.

Companion Bills

No companion bills found.

Previously Filed As

MI HB5431

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.).

MI HB4489

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.

MI HB3584

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.

MI SB1974

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.

MI SB0424

Criminal procedure: sex offender registration; sex offender registration act; modify. Amends secs. 4, 5 & 8c of 1994 PA 295 (MCL 28.724 et seq.).

MI HB5764

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

MI HB5869

Criminal procedure: sex offender registration; sex offender registration act; modify. Amends secs. 2, 5, 8c & 10 of 1994 PA 295 (MCL 28.722 et seq.).

MI HB6009

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.).

MI SB0078

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).

MI SB0970

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).

Similar Bills

MI HB5431

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.).

AZ SB1556

Cost recovery; contingency fee case

CT SB01207

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MI HB4327

Civil procedure: civil actions; false claims act; enact. Creates new act.

MI HB4398

Civil procedure: civil actions; false claims act; enact. Creates new act.

IN HB1160

Civil proceeding advance payment contracts and commercial litigation financing.

PA SB38

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.

PA HB1437

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.