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MA S1055

MA S1055
Relative to compensation for victims of wrongful conviction


summary

Introduced
03/29/2021
In Committee
03/29/2021
Crossed Over
Passed
Dead
12/31/2022

Introduced Session

192nd General Court

Bill Summary

For legislation relative to compensation for victims of wrongful conviction. The Judiciary.

AI Summary

This bill aims to improve compensation and support for victims of wrongful conviction in Massachusetts. The key provisions include: 1. Expanding the eligibility criteria for compensation under Chapter 258D, such as allowing individuals who have received partial judicial relief or a new trial where the charges were ultimately dismissed to be eligible. 2. Lowering the standard of proof from "clear and convincing" to "a preponderance of the evidence" for individuals to demonstrate their eligibility for compensation. 3. Providing $15,000 in transitional assistance grants and services (e.g., addressing physical, social, and emotional needs, waiving educational fees) upon a preliminary ruling in favor of the claimant. 4. Capping the total liability of the Commonwealth for compensation at $1 million to $5 million, depending on the length of incarceration. 5. Allowing for the expungement or sealing of records related to the erroneous felony conviction, and providing a court-issued exoneration order. 6. Mandating the provision of $5,000 in transitional financial assistance and access to social service advocates for indigent individuals upon release from incarceration for an erroneous felony conviction.

Committee Categories

Justice

Sponsors (1)

Last Action

Accompanied a study order, see S2665 (on 02/07/2022)

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