HB1276 Provides a restitutionary cause of action for wrongful imprisonment.
Sponsor: Thompson, Betty L. (72) Effective Date:00/00/0000
CoSponsor: Carter, Paula J. (61) LR Number: 2835L.02I
Last Action: COMMITTEE: JUDICIARY
02/15/2000 - Public Hearing Held (H)
HB1276
Next Hearing:Hearing not scheduled
Calendar:Bill currently not on calendar
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Available Bill Summaries for HB1276 Copyright(c)
* Introduced

Available Bill Text for HB1276
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BILL SUMMARIES

INTRODUCED

HB 1276 -- Wrongful Imprisonment

Co-Sponsors:  Thompson (72), Carter, Boykins, Curls, Wilson
(42), Gunn, Days

This bill allows persons who are convicted and imprisoned for a
crime that they did not commit to file an action against the
state of Missouri.  The claimants must establish by clear and
convincing evidence that they were convicted, served at least
part of a prison term for the conviction, did not commit the
crime, did not bring about the conviction by their conduct, and
were released by the state.  Claimants must bring an action
within 2 years of being released from prison or within 2 years
of the bill's effective date if they have been released within 5
years prior to the bill's effective date.  Claimants may be
awarded attorneys' fees and damages which do not exceed the
greater of twice the amount of the claimant's income in the year
prior to his incarceration or $20,000 for each year of
incarceration.  Persons who were mistakenly convicted and
serving a concurrent sentence for another crime are not eligible
for damages under the bill's provisions.


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Last Updated October 5, 2000 at 11:32 am