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MI SB0997

MI SB0997
Civil procedure: remedies; wrongful imprisonment compensation act; modify evidence requirements. Amends secs. 2, 4, 5 & 7 of 2016 PA 343 (MCL 691.1752 et seq.).


summary

Introduced
09/11/2024
In Committee
11/26/2024
Crossed Over
Passed
Dead
12/31/2024

Introduced Session

102nd Legislature

Bill Summary

A bill to amend 2016 PA 343, entitled"Wrongful imprisonment compensation act,"by amending sections 2, 4, 5, and 7 (MCL 691.1752, 691.1754, 691.1755, and 691.1757), section 7 as amended by 2020 PA 43.

AI Summary

This bill amends the Wrongful Imprisonment Compensation Act by modifying the evidence requirements for individuals seeking compensation after being wrongfully convicted and imprisoned. The key changes include: 1. Expanding the definition of "new evidence" to include evidence not presented during the original proceedings determining guilt, and allowing for recantations by witnesses if there is other supporting evidence. 2. Lowering the burden of proof from "clear and convincing evidence" to a "preponderance of the evidence" for plaintiffs to demonstrate their innocence and entitlement to compensation. 3. Allowing plaintiffs to use evidence obtained in violation of the Fourth Amendment or state constitutional protections in their claims. 4. Providing additional time for the Attorney General to respond to claims and begin the discovery process. 5. Extending the deadline for individuals convicted, imprisoned, and released prior to March 2017 to file claims under the Act. Overall, the bill aims to make it easier for wrongfully convicted individuals to receive compensation from the state by adjusting the legal standards and evidence requirements in their favor.

Committee Categories

Justice

Sponsors (1)

Last Action

Referred To Committee Of The Whole (on 11/26/2024)

Bill Topics

Government Operations
  • ‐ Claims Against the Government
Law, Crime, and Family Issues
  • ‐ Civil Law and Procedure
  • ‐ Criminal and Juvenile Delinquent Prosecution, Procedure, and Sentencing

bill text


bill summary

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bill summary

Document Type Source Location Created
State Bill Page https://legislature.mi.gov/Bills/Bill?ObjectName=2024-SB-0997 09/11/2024
Fiscal Note/Analysis - Senate: SUMMARY OF BILL REPORTED FROM COMMITTEE https://legislature.mi.gov/documents/2023-2024/billanalysis/Senate/pdf/2023-SFA-0997-F.pdf 11/27/2024
Fiscal Note/Analysis - Senate: SUMMARY OF INTRODUCED BILL IN COMMITTEE https://legislature.mi.gov/documents/2023-2024/billanalysis/Senate/pdf/2023-SFA-0997-G.pdf 10/02/2024
BillText https://legislature.mi.gov/documents/2023-2024/billintroduced/Senate/htm/2024-SIB-0997.htm 09/11/2024
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