Missouri 2023 Regular Session

Missouri Senate Bill SB253

Introduced
1/4/23  

Caption

Creates a civil action awarding damages for wrongful convictions

Impact

The enactment of SB 253 would create significant changes to state law regarding wrongful convictions. It introduces a legal framework for restitution, ensuring that individuals who have been exonerated for crimes they did not commit receive compensation for their lost time. Additionally, the bill aims to protect the rights of the exonerated by expunging their criminal records, which could help mitigate the long-lasting consequences of wrongful convictions on their lives and reintegration into society. This legislation represents a step towards improving the overall integrity of the criminal justice system in Missouri.

Summary

Senate Bill 253 seeks to address wrongful convictions in the Missouri justice system by establishing a civil action to award damages to individuals who are proven to be actually innocent of felonies based on DNA evidence. The bill allows individuals exonerated through DNA profiling to receive restitution for their time served in prison, calculated at a rate of $179 per day. It also facilitates automatic expungement of wrongful conviction records, restoring individuals to their status prior to the conviction. These provisions are designed to rectify injustices in cases where individuals were wrongfully imprisoned.

Sentiment

The general sentiment around SB 253 appears to be positive, particularly among advocacy groups and lawmakers who view it as a necessary measure for justice reform. Supporters argue that it will not only provide justice for those wrongfully convicted but also serve as a deterrent against wrongful convictions in the future. However, there may be some trepidation concerning the potential financial implications for the state when it comes to funding the restitution payments, particularly if the number of eligible claims is significant.

Contention

Notable points of contention surrounding SB 253 include concerns about the conditions under which restitution is granted and the financial implications for the state. Some lawmakers may question the long-term sustainability of the restitution fund and whether the state can adequately support these payments each fiscal year. Moreover, there may be discussions regarding the adequacy of the compensation amount and how it aligns with the suffering endured by individuals wrongfully imprisoned. Balancing fiscal responsibility with the need for justice will likely be a key issue as SB 253 moves through the legislative process.

Companion Bills

No companion bills found.

Similar Bills

MO SB377

Modifies provisions relating to restitution for individuals who are actually innocent

MO SB886

Modifies provisions relating to restitution for individuals who are actually innocent

MO SB446

Modifies provisions relating to restitution for individuals who are actually innocent

MO SB1094

Modifies provisions relating to wrongful convictions

MI HB4371

Employment security: benefits; time period to initiate administrative or court action to recover improperly paid benefits or issue a restitution determination; modify and require notice of certain rights for certain determinations to become final. Amends sec. 62 of 1936 (Ex Sess) PA 1 (MCL 421.62).

MO SB860

Modifies provisions involving wrongful convictions

UT HB0218

Restitution Revisions

MI HB4051

Employment security: administration; prohibition against the recovery of improperly paid benefits; expand to include certain errors made by the unemployment agency during a certain period of time and prohibit certain improperly paid benefits from being charged to certain accounts and funds. Amends sec. 62 of 1936 (Ex Sess) PA 1 (MCL 421.62) & adds sec. 62a.