Text: HF02285 Text: HF02287 Text: HF02200 - HF02299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 669.14, Code 1995, is amended by adding 1 2 the following new subsection: 1 3 NEW SUBSECTION. 14. A claim to compensate for the 1 4 miscarriage of justice for a person innocent of a criminal 1 5 offense who is erroneously convicted of the offense. For 1 6 purposes of this section, damages shall include only lost 1 7 income and other economic damages incurred during the person's 1 8 incarceration following conviction, attorney's fees and court 1 9 costs incurred by the person defending the criminal action, 1 10 and victim restitution paid by the person subsequent to 1 11 conviction. A claim under this subsection must be brought 1 12 only after the person has been released from incarceration and 1 13 released from probation or parole. 1 14 Sec. 2. NEW SECTION. 669.25 LIABILITY FOR ERRONEOUS 1 15 CONVICTIONS. 1 16 Notwithstanding any provision of this chapter to the 1 17 contrary, claims against the state which request the payment 1 18 of damages under section 669.14, subsection 14, shall be 1 19 permitted and may be filed directly in the district court in 1 20 the county in which the plaintiff resides or in which the 1 21 erroneous conviction occurred. To recover damages for an 1 22 erroneous conviction the plaintiff must prove by a 1 23 preponderance of the evidence only that the plaintiff did not 1 24 commit the offense for which the plaintiff was convicted. 1 25 Negligence or misconduct on the part of either the government 1 26 or the defense attorney in the criminal action is not an 1 27 element which must be proved to be able to recover damages. 1 28 The state may seek indemnification from the defense attorney 1 29 or from the political subdivision which employed the 1 30 prosecuting attorney if the state is required to pay a claim 1 31 under this section that resulted from the negligence or 1 32 misconduct of the defense attorney or prosecuting attorney. 1 33 Sec. 3. NEW SECTION. 670.4A INDEMNIFICATION FOR 1 34 ERRONEOUS CONVICTIONS. 1 35 Notwithstanding section 670.4, a municipality shall be 2 1 liable for a claim for indemnification by the state if the 2 2 state proves that, due to the negligence or misconduct of a 2 3 prosecuting attorney, the state paid a claim under section 2 4 669.25. 2 5 EXPLANATION 2 6 This bill waives state tort immunity in situations where a 2 7 person is erroneously convicted of a criminal offense. The 2 8 person need not prove negligence or misconduct on the part of 2 9 the government or the person's defense attorney, but must 2 10 prove by a preponderance of the evidence that the person did 2 11 not commit the criminal offense. A person who is erroneously 2 12 convicted may recover lost income and other economic damages 2 13 as a result of imprisonment following the conviction, 2 14 attorney's fees and court costs incurred defending the 2 15 criminal action, and victim restitution paid. 2 16 The bill provides that a person who claims to have been 2 17 erroneously convicted may file the action in the district 2 18 court for the county in which the person resides or the county 2 19 in which the conviction occurred after the person is released 2 20 from incarceration and probation or parole. 2 21 The state may seek indemnification from the defense 2 22 attorney or political subdivision which employed the 2 23 prosecuting attorney if negligence or misconduct by either 2 24 resulted in the claim against the state. The political 2 25 subdivision cannot claim immunity from an indemnification 2 26 action under chapter 670. 2 27 LSB 3918YH 76 2 28 mk/jj/8.1
Text: HF02285 Text: HF02287 Text: HF02200 - HF02299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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