Missouri House Bill HB2592

Missouri 2022 Regular Session

• Introduced: 1/27/22
• Refer: 5/13/22

Caption

Establishes provisions relating to restitution for certain individuals

Impact

If enacted, HB2592 will repeal the existing section 650.058 and replace it with three new sections. Importantly, it broadens the scope of who qualifies for restitution beyond just DNA evidence exoneration. It includes other evidentiary methods leading to a determination of actual innocence. This change is crucial for ensuring that those who have faced serious miscarriages of justice are not left without recourse. The bill strengthens the support for victims of wrongful convictions by ensuring their wrongful imprisonment is acknowledged and compensated by the state.

Summary

House Bill 2592 seeks to amend Missouri's restitution laws by establishing a framework for compensating individuals who have been wrongfully convicted and later proven innocent. This bill proposes that individuals who, after facing a felony conviction, are found to be actually innocent through evidence or proceedings can receive restitution of $100 per day for their time of wrongful incarceration. The new provisions detail the criteria necessary for individuals to qualify for such restitution and aim to provide a structured process for claims to be filed in the sentencing court.

Contention

Debate surrounding HB2592 may focus on the definition of 'actually innocent' and what standard of evidence is sufficient to qualify for restitution. There are concerns regarding the potential financial implications for the state, especially in the context of annual spending caps placed on individual restitution. Some stakeholders may argue about the fairness and adequacy of the compensation provided, particularly for those who have spent significant time incarcerated. Additionally, the prohibition against seeking civil redress from the state if restitution is granted could raise concerns about victims' rights to pursue further accountability from the system that failed them.