Montana 2025 Regular Session

Montana House Bill HB93

Introduced
12/16/24  
Refer
12/20/24  
Refer
3/3/25  
Engrossed
3/5/25  
Refer
3/6/25  

Caption

Establish compensation for wrongful conviction

Impact

The bill seeks to amend existing statutes related to wrongful conviction and introduce new legal processes for affected individuals to seek redress. It stipulates that claimants must waive other forms of compensation claims against the state or any political subdivisions, ensuring that the compensation sought through this bill is the sole remedy. This change is positioned to centralize the courtroom and procedural assets available to these individuals while requiring clear and convincing evidence for the exoneration process. The state will also create a special revenue fund specifically designed to facilitate these payments, thereby ensuring dedicated funding for wrongful conviction claims.

Summary

House Bill 93 aims to provide compensation for individuals who have been wrongfully convicted of felony crimes and subsequently exonerated. The bill establishes a legal framework for such individuals, referred to as 'claimants', to obtain damages and support after their wrongful imprisonment. Claimants will receive compensation of $80,000 for each year of wrongful imprisonment, alongside additional support such as tuition assistance for higher education and medical insurance for one year. Notably, all compensation awarded will be exempt from state income taxes, thus providing further financial relief to the affected individuals.

Sentiment

The overall sentiment surrounding HB 93 appears to be mixed among lawmakers and advocacy groups. Supporters, including victim advocacy organizations, champion the bill as a critical step towards justice for the wrongfully convicted. They argue that the consequences of wrongful conviction extend far beyond imprisonment and that the state has a moral obligation to provide reparations. Conversely, some legislative adversaries express concerns regarding the financial implications for the state and the local municipalities responsible for funding the compensation. This has led to debates on the balance between accountability for the state's wrongful actions and the financial realities of state budgets.

Contention

Notable contention arises around the implications of the bill's compensation framework, especially regarding the waiver of rights to additional claims against the state. Critics argue that this waiver may limit the legal recourse of wrongfully convicted individuals who may have legitimate claims for further damages beyond what this bill stipulates. There are also discussions about the necessity of such a fund and its potential impact on state resources. Additionally, the bill establishes a procedure for expungement, which could streamline how records are handled post-exoneration, yet presents concerns over the legal processes involved and the burden on the courts.

Companion Bills

No companion bills found.

Previously Filed As

MT HB423

Revise laws related to compensation for wrongfully convicted individuals

MT HB746

Create a conviction integrity unit

MT SB556

Generally revise workers compensation laws

MT HB678

Generally revise worker's compensation laws

MT SB236

Establish time limited demand standards

MT HB896

Generally revise workers' compensation laws

MT SB165

Establishing a duty of cooperation relating to insurance policies

MT SB269

Establish consumer protections and disclosures in litigation financing

MT HB112

Generally revise human trafficking laws

MT HB651

Establish the Montana family and medical leave insurance act

Similar Bills

KS HB2780

Requiring persons who file lawsuits for wrongful conviction compensation to prove additional information, changing the compensation rates to daily rates instead of yearly rates and limiting housing assistance offered to such persons.

KS SB190

House Substitute for SB 190 by Committee on Judiciary - Requiring persons who file lawsuits for wrongful conviction compensation to prove additional information, changing the compensation rates to daily rates instead of yearly rates and limiting housing assistance to such persons.

PA HB987

In matters affecting government units, further providing for exceptions to sovereign immunity and providing for claims for wrongful conviction and imprisonment; and establishing the Exonerated Individual Community Trust Fund.

KS SB91

Providing for payment of interest in civil actions for wrongful conviction and directing the attorney general to seek damages for the state from any person who knowingly contributed to the wrongful conviction and prosecute ouster and criminal proceedings as warranted.

KS SB187

Providing for payment of interest in civil actions for wrongful conviction and directing the attorney general to seek damages for the state from any person who knowingly contributed to the wrongful conviction and prosecute ouster and criminal proceedings as warranted.

AZ HB2813

Erroneous convictions; compensation

MT HB423

Revise laws related to compensation for wrongfully convicted individuals

AZ SB1500

Compensation; erroneous convictions