SB 886 - Under current law, only individuals who are exonerated based on DNA evidence may receive restitution for a wrongful conviction. This act adds that any individual who was later determined to be innocent as a result of another evidentiary method other than DNA evidence may be paid restitution. Such individual may receive an amount of $100 per day for each day of postconviction incarceration for the offense the individual is found to be innocent, up to $36,500 per fiscal year.
Any individual who receives restitution pursuant to this act may not receive additional restitution under another provision of law for the same offense such individual was determined to be actually innocent and shall be prohibited from seeking any civil redress from the state or a political subdivision.
Any individual found innocent pursuant to this act shall receive an automatic order of expungement from the court in which he or she pled guilty or was sentenced.
This act is identical to SB 446 (2023), SB 1094 (2022), and HB 2474 (2022) and substantially similar to provisions in the truly agreed to and finally passed SS/SCS/SBs 189, et al (2023), HB 1569 (2022), HB 2592 (2022), HB 2639 (2022), and HCS/HB 2412 (2022).
MARY GRACE PRINGLE