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| 8 | 8 | | |
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| 9 | 9 | | SB0477 |
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| 10 | 10 | | 001269 |
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| 11 | 11 | | - 1 - |
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| 12 | 12 | | |
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| 13 | 13 | | AN ACT to amend Tennessee Code Annotated, Section 9- |
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| 14 | 14 | | 8-108, relative to compensation for persons who |
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| 15 | 15 | | are wrongfully imprisoned. |
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| 16 | 16 | | |
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| 17 | 17 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE: |
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| 18 | 18 | | SECTION 1. Tennessee Code Annotated, Section 9-8-108(a)(7), is amended by |
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| 19 | 19 | | deleting the following: |
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| 20 | 20 | | Shall hear claims for compensation by persons wrongfully imprisoned and granted |
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| 21 | 21 | | exoneration pursuant to § 40-27-109. |
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| 22 | 22 | | and substituting instead the following: |
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| 23 | 23 | | Shall hear claims for compensation by persons wrongfully imprisoned and granted |
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| 24 | 24 | | exoneration pursuant to § 40-27-109, and by persons wrongfully imprisoned whose |
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| 25 | 25 | | sentences are vacated pursuant to § 40-30-102(b)(2), § 40-30-117(a)(2), § 40-26-105, or |
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| 26 | 26 | | other law where actual innocence is determined, and the charges are subsequently |
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| 27 | 27 | | dismissed. |
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| 28 | 28 | | SECTION 2. Tennessee Code Annotated, Section 9-8-108(a)(7)(C), is amended by |
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| 29 | 29 | | deleting the subdivision and substituting instead the following: |
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| 30 | 30 | | (i) If a person eligible to file a claim pursuant to this subdivision (a)(7) dies prior |
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| 31 | 31 | | to filing a claim, then the claim may be brought by the surviving spouse or children, |
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| 32 | 32 | | subject to the conditions of subdivision (a)(7)(F); |
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| 33 | 33 | | (ii) If the person dies without leaving a surviving spouse or surviving children, |
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| 34 | 34 | | then the payments must cease. Upon the death of the claimant, any monthly |
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| 35 | 35 | | installments left remaining must be paid to the claimant's surviving spouse and surviving |
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| 36 | 36 | | children in equal portions. The amount payable to the surviving spouse, if any, must be |
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| 37 | 37 | | |
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| 38 | 38 | | |
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| 39 | 39 | | - 2 - 001269 |
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| 40 | 40 | | |
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| 41 | 41 | | paid until the surviving spouse's death or remarriage. If the surviving spouse dies or |
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| 42 | 42 | | remarries, then the amount that was payable to the surviving spouse must be divided |
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| 43 | 43 | | equally among the claimant's surviving children. Each child must receive the child's |
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| 44 | 44 | | share until death, at which time the amount must be redistributed equally among the |
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| 45 | 45 | | remaining children; |
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| 46 | 46 | | SECTION 3. Tennessee Code Annotated, Section 9-8-108(a)(7)(F), is amended by |
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| 47 | 47 | | deleting the subdivision and substituting instead the following: |
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| 48 | 48 | | (F) A claim for compensation under this subdivision (a)(7) must be filed with the |
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| 49 | 49 | | board no later than one (1) year from the date that the claimant is granted exoneration |
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| 50 | 50 | | pursuant to § 40-27-109, or the dismissal of charges, after the conviction is vacated |
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| 51 | 51 | | pursuant to § 40-30-102(b)(2), § 40-30-117(a)(2), § 40-26-105, or other law. A person |
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| 52 | 52 | | whose conviction was vacated and dismissed, pursuant to § 40-30-102(b)(2), § 40-30- |
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| 53 | 53 | | 117(a)(2), § 40-26-105, or other law prior to the effective date of this act, has one (1) |
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| 54 | 54 | | year from the effective date of this act, to file a claim with the board; |
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| 55 | 55 | | SECTION 4. This act takes effect upon becoming a law, the public welfare requiring it. |
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