Bill > SB5520

This bill, concerning the wrongly convicted persons act, aims to reform the process for individuals seeking compensation after being wrongfully convicted and imprisoned. It introduces new definitions for "actually innocent," meaning a person for whom evidence no longer supports their guilt of a felony, and "significant new exculpatory information," which is new evidence supporting innocence that wasn't previously considered. The bill expands who can file a claim, allowing it to be filed by an authorized agent if the wrongly convicted person is deceased, incapacitated, a minor, or a nonresident, and clarifies that such claims survive to the personal representative. It also modifies the requirements for filing a claim, emphasizing that the claimant must state facts and provide documentation to prove by a preponderance of the evidence that they did not commit the crime, did not engage in perjury or fabricate evidence, are not currently incarcerated, and were not serving concurrent sentences for other crimes. The bill also allows for claims based on a pardon, commutation, or reprieve for innocence, or if a conviction was reversed or vacated due to significant new exculpatory information, with specific conditions for retrials or pleas. The statute of limitations for filing a claim is extended from three to six years after a pardon, judicial relief, or release from custody, whichever is later, and provides a three-year window for those wrongly convicted before the bill's effective date who maintained their innocence. Compensation amounts are adjusted, and attorneys' fees are capped, with provisions for structured settlements and access to reentry services. Finally, the bill repeals an existing section related to definitions and claims for compensation.