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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 3918SC 76
2 28 mk/jj/8
Text: SSB02276 Text: SSB02278 Text: SSB02200 - SSB02299 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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