Text: HF00673 Text: HF00675 Text: HF00600 - HF00699 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 HOUSE FILE 674
1 2
1 3 AN ACT
1 4 PROVIDING A CAUSE OF ACTION AGAINST THE STATE FOR WRONGFUL
1 5 IMPRISONMENT.
1 6
1 7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 8
1 9 Section 1. NEW SECTION. 663A.1 WRONGFUL IMPRISONMENT –
1 10 CAUSE OF ACTION.
1 11 1. As used in this section, a "wrongfully imprisoned
1 12 person" means an individual who meets all of the following
1 13 criteria:
1 14 a. The individual was charged, by indictment or
1 15 information, with the commission of a public offense
1 16 classified as an aggravated misdemeanor or felony.
1 17 b. The individual did not plead guilty to the public
1 18 offense charged, or to any lesser included offense, but was
1 19 convicted by the court or by a jury of an offense classified
1 20 as an aggravated misdemeanor or felony.
1 21 c. The individual was sentenced to incarceration for a
1 22 term of imprisonment not to exceed two years if the offense
1 23 was an aggravated misdemeanor or to an indeterminate term of
1 24 years under chapter 902 if the offense was a felony, as a
1 25 result of the conviction.
1 26 d. The individual's conviction was vacated or dismissed,
1 27 or was reversed, and no further proceedings can be or will be
1 28 held against the individual on any facts and circumstances
1 29 alleged in the proceedings which had resulted in the
1 30 conviction.
1 31 e. The individual was imprisoned solely on the basis of
1 32 the conviction that was vacated, dismissed, or reversed and on
1 33 which no further proceedings can be or will be had.
1 34 2. Upon receipt of an order vacating, dismissing, or
1 35 reversing the conviction and sentence in a case for which no
2 1 further proceedings can be or will be held against an
2 2 individual on any facts and circumstances alleged in the
2 3 proceedings which resulted in the conviction, the district
2 4 court shall make a determination whether there is clear and
2 5 convincing evidence to establish either of the following
2 6 findings:
2 7 (1) That the offense for which the individual was
2 8 convicted, sentenced, and imprisoned, including any lesser-
2 9 included offenses, was not committed by the individual.
2 10 (2) That the offense for which the individual was
2 11 convicted, sentenced, and imprisoned was not committed by any
2 12 person, including the individual.
2 13 3. If the district court finds that there is clear and
2 14 convincing evidence to support either of the findings
2 15 specified in subsection 2, the district court shall do all of
2 16 the following:
2 17 a. Enter an order finding that the individual is a
2 18 wrongfully imprisoned person.
2 19 b. Orally inform the person and the person's attorney that
2 20 the person has a right to commence a civil action against the
2 21 state under chapter 669 on the basis of wrongful imprisonment.
2 22 4. Within seven days of entry of the order finding that an
2 23 individual is a wrongfully imprisoned person, the clerk of
2 24 court shall forward a copy of the order, together with a copy
2 25 of this section, to the individual named in the order.
2 26 5. A claim for wrongful imprisonment under this section is
2 27 a "claim" for purposes of chapter 669, notwithstanding
2 28 anything in section 669.14 to the contrary. Notwithstanding
2 29 section 669.8, however, an action brought under this section
2 30 shall not preclude or otherwise limit any action or claim for
2 31 relief based on any negligent or wrongful acts or omissions
2 32 which arose during the period of the wrongful imprisonment,
2 33 but which are not related to the facts and circumstances
2 34 underlying the conviction or proceedings to obtain relief from
2 35 the conviction.
3 1 6. Damages recoverable from the state by a wrongfully
3 2 imprisoned person under this section are limited to the
3 3 following:
3 4 a. The amount of restitution for any fine, surcharge,
3 5 other penalty, or court costs imposed and paid and any
3 6 reasonable attorney's fees and expenses incurred in connection
3 7 with all criminal proceedings and appeals regarding the
3 8 wrongfully imposed judgment and sentence and such fees and
3 9 expenses incurred in connection with any civil actions and
3 10 proceedings for postconviction relief which are related to the
3 11 wrongfully imposed judgment and sentence.
3 12 b. An amount of liquidated damages in an amount equal to
3 13 fifty dollars per day of wrongful imprisonment.
3 14 c. The value of any lost wages, salary, or other earned
3 15 income which directly resulted from the individual's
3 16 conviction and imprisonment, up to twenty-five thousand
3 17 dollars per year.
3 18 d. The value of reasonable attorney's fees for services
3 19 provided in connection with an action under this section.
3 20 7. In awarding damages under this section, the state
3 21 appeal board or the court shall not offset the award by any
3 22 expenses incurred by the state or any political subdivision of
3 23 the state in connection with the arrest, prosecution, and
3 24 imprisonment of the individual, including, but not limited to,
3 25 expenses for food, clothing, shelter, and medical care.
3 26 8. Actions under this section shall be commenced within
3 27 two years of entry of the district court order adjudging the
3 28 individual to be a wrongfully imprisoned person.
3 29
3 30
3 31
3 32 RON J. CORBETT
3 33 Speaker of the House
3 34
3 35
4 1
4 2 MARY E. KRAMER
4 3 President of the Senate
4 4
4 5 I hereby certify that this bill originated in the House and
4 6 is known as House File 674, Seventy-seventh General Assembly.
4 7
4 8
4 9
4 10 ELIZABETH ISAACSON
4 11 Chief Clerk of the House
4 12 Approved , 1997
4 13
4 14
4 15
4 16 TERRY E. BRANSTAD
4 17 Governor
Text: HF00673 Text: HF00675 Text: HF00600 - HF00699 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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