Bill > SB0909

This bill modifies the Wrongful Imprisonment Compensation Act to alter the requirements for proving innocence and receiving compensation for wrongful imprisonment. Key changes include lowering the burden of proof from "clear and convincing evidence" to a "preponderance of the evidence" when a plaintiff seeks compensation, meaning they only need to show it's more likely than not that they are innocent. The bill also expands the definition of "new evidence" to include expert interpretations and DNA testing results, and clarifies that a witness recantation alone is not sufficient unless corroborated or agreed upon by the prosecutor. It introduces the concept of a "municipality" as a potential defendant, which is a local government entity like a city or township, but excludes counties. The compensation structure is also updated to include an additional $50,000 per year of imprisonment paid as an annuity, and clarifies that compensation is not subject to income taxes and cannot be offset by expenses incurred by the state for the prisoner's care, though it can be offset by damages received from other parties for the wrongful conviction. The time limit for filing a claim is also adjusted, and a new provision allows individuals to bring a claim within 18 months if they can prove innocence based on insufficient evidence supporting their conviction.

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https://legislature.mi.gov/Bills/Bill?ObjectName=2026-SB-0909