Michigan Senate Bill SB0909

Michigan 2025-2026 Regular Session

• Introduced: 4/21/26
• Refer: 4/21/26

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 significantly modifies existing legal frameworks governing compensation for wrongful imprisonment, aiming to streamline the process for exonerated individuals seeking reparations. It introduces specific criteria under which individuals must prove their wrongful conviction, such as new evidence or a gubernatorial pardon, thereby making it clearer for claimants to understand their entitlements. Moreover, the bill stipulates that any awarded compensation will not be subjected to income taxes, enhancing the financial relief for recipients.

Summary

Senate Bill No. 909 aims to amend the 2016 Wrongful Imprisonment Compensation Act in Michigan. The primary goal of this bill is to enhance the compensation process for individuals wrongfully convicted and imprisoned. Under the proposed amendments, individuals who can successfully demonstrate that they were wrongfully imprisoned will be entitled to financial compensation. This will include provisions for a structured compensation amount of $50,000 for each year incarcerated, as well as reimbursement for reasonable attorney fees incurred during the claim process.

Contention

While the bill seeks to offer greater justice for the wrongfully imprisoned, it also raises questions about the sufficiency of the evidence required for claims. There are concerns about potential opposing interests, particularly from prosecutorial or victim advocacy groups, who may feel that this bill could undermine the original convictions obtained through the judicial process. Moreover, the stipulation that any compensation received can be subject to offset for child support and other debts may be contentious, as it could detract from the true value of the compensation intended to aid those wrongfully imprisoned.