HB 183 -- Wrongful Imprisonment

Sponsor:  Thompson

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.

Missouri House of Representatives
Last Updated November 26, 2001 at 11:42 am