Modifies provisions relating to wrongful convictions
The enactment of SB 1094 would effectively modify state laws governing wrongful convictions and restitution. It streamlines the requirements for individuals to claim restitution, explicitly defining the conditions under which a person can be deemed 'actually innocent.' It also includes provisions that automatically grant expungement orders for those individuals, which helps to restore their status as if they had never been convicted. This change aims to relieve the administrative barriers currently faced by wrongfully convicted individuals in managing their post-incarceration records.
Senate Bill 1094 is aimed at amending the existing laws regarding restitution for individuals in Missouri who have been wrongfully convicted. The bill repeals an outdated section of the law and establishes new provisions that allow individuals who are found to be actually innocent of felonies—through evidentiary methods other than DNA analysis—to seek financial restitution. This is particularly significant as it recognizes the impact of wrongful convictions on individuals’ lives, offering $100 per day of wrongful incarceration as restitution after a formal determination of innocence is made by a court.
Notable points of contention surrounding SB 1094 revolve around its stipulations regarding the prohibition of claims for restitution by an individual's heirs or assigns, which some argue could leave families of wrongfully convicted individuals without support should the wrongfully convicted individual pass away before receiving restitution. Moreover, critics might question the limitation of compensation amounts and the requisite conditions, potentially leading to arguments that the standards for proving 'actual innocence' are too stringent or unclear. The bill does maintain a degree of state immunity, which means that restitution claims cannot be combined with civil lawsuits against the state, also raising concerns about fair compensation for injustice endured.