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Bill > SB0997
MI SB0997
MI SB0997Civil 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
09/11/2024
In Committee
11/26/2024
11/26/2024
Crossed Over
Passed
Dead
12/31/2024
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
Official Document
bill text
bill summary
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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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