SB 1062 - This act modifies provisions regarding compensation to persons for wrongful convictions. STATE LEGAL EXPENSE FUND (Section 105.711)
This act allows for money in the "State Legal Expense Fund" to be used for the payment of any claim of any amount required by any final judgment rendered by a court for the purposes of paying judgments arising from claims of individuals who were wrongfully convicted.
CLAIMS FOR DAMAGES FOR WRONGFUL CONVICTIONS (Section 506.400)
Under this act, a claimant may bring an action against the state if he or she was convicted of a felony offense and imprisoned; the claimant's judgment of conviction was reversed or vacated; the claimant did not committed the offense and was not an accessory to the offense; and the claimant did not commit perjury.
The claimant shall bring such a case within two years after the dismissal of the criminal charges or a finding of not guilty on retrial or the granting of a pardon. Claimants released before August 28, 2020, must bring such cases no later than August 28, 2022.
Under this act, claims shall be tried before the court without a jury and the court may exercise discretion regarding the weight and admissibility of the evidence in such cases. Damages shall be awarded as provided in the act.
If the claimant wins a monetary award against the state or any political subdivision, the amount of the award in the action, less any sums for attorneys fees and other costs, shall be deducted from the sum of money to which the claimant is entitled to under the act.
Upon an entry of a certificate of innocence, the claimant shall automatically be granted an order of expungement. The court shall order the expungement and destruction of associated biological samples authorized by and given to the Missouri State Highway Patrol.
TUITION ASSISTANCE (Section 506.403)
Any individual awarded tuition assistance under this act shall receive a waiver of tuition and required fees for attendance at a public institution of higher education as provided in the act.
RESTITUTION FOR WRONGFUL CONVICTIONS(Section 650.058)
This act repeals the current provisions relating to restitution for wrongfully convicted individuals proven innocent as a result of DNA testing.
This act is substantially similar to HB 2361 (2020).
MARY GRACE BRUNTRAGER