2021 -- S 0672 | |
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LC002387 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2021 | |
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A N A C T | |
RELATING TO CRIMINAL PROCEDURE | |
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Introduced By: Senators Coyne, Archambault, Lombardi, and McCaffrey | |
Date Introduced: March 18, 2021 | |
Referred To: Senate Judiciary | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Title 12 of the General Laws entitled "CRIMINAL PROCEDURE" is hereby |
2 | amended by adding thereto the following chapter: |
3 | CHAPTER 33 |
4 | CLAIMS FOR WRONGFUL CONVICTION AND IMPRISONMENT |
5 | 12-33-1. Legislative intent. |
6 | (a) The general assembly finds that innocent persons who have been wrongfully convicted |
7 | of crimes through no fault of their own have been uniquely victimized, and are deserving of |
8 | consideration and remuneration for this miscarriage of justice. |
9 | (b) For the purposes of this chapter, a “wrongful conviction" is a finding of guilt by a jury |
10 | or judge, later proven incorrect, which results in incarceration for more than one year. |
11 | 12-33-2. Statement of claim for compensation. |
12 | (a) In order to present an actionable claim pursuant to this chapter, the claimant must |
13 | establish by documentary evidence that: |
14 | (1) Claimant has been convicted of one or more crimes and, as a result of the conviction, |
15 | was sentenced to a term of imprisonment and has served all or part of said sentence; and |
16 | (2) On grounds not inconsistent with innocence: |
17 | (i) Claimant was pardoned of the crime or crimes upon which claimant was sentenced and |
18 | which are the grounds for the complaint; |
19 | (ii) The judgment of conviction was vacated for reasons other than the ineffective |
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1 | assistance of counsel; |
2 | (iii) The judgment of conviction was reversed for reasons other than the ineffective |
3 | assistance of counsel; |
4 | (iv) The accusatory instrument was dismissed; and |
5 | (3) The claim is not time-barred by the provisions of this chapter. |
6 | (b)The claims shall be verified by the claimant; and |
7 | (c) If the court determines after an examination of the claim that the claimant has not |
8 | alleged sufficient facts to succeed at trial it shall dismiss the claim, either on its own motion or on |
9 | the state’s motion. |
10 | 12-33-3. Presentation of claim. |
11 | All claims of wrongful conviction and imprisonment under this chapter shall be presented |
12 | to and heard by the presiding justice of the superior court. |
13 | 12-33-4. Judgment and award. |
14 | (a) In order to obtain a judgment in their favor, the claimant must prove by a preponderance |
15 | of the evidence that: |
16 | (1) Claimant was convicted of one or more crimes, and subsequently sentenced to a term |
17 | of imprisonment for more than one year, and has served all or any part of the sentence; and |
18 | (i) Claimant has been pardoned for the crime or crimes upon which claimant was sentenced, |
19 | and which are the grounds for the complaint; or |
20 | (ii) Claimant’s judgment of conviction was reversed or vacated for reasons other than the |
21 | ineffective assistance of counsel and the accusatory instrument was dismissed; and |
22 | (2) Claimant did not commit any of the crimes charged in the accusatory instrument; and |
23 | (3) Claimant did not commit or suborn perjury, or fabricate evidence to cause or bring |
24 | about their own conviction. |
25 | (4) Neither a confession nor an admission later found to be false or a guilty plea shall |
26 | constitute committing or suborning perjury, fabricating evidence or causing or bringing about the |
27 | conviction under this subsection. |
28 | (b) If the court finds that the claimant was wrongfully convicted and incarcerated pursuant |
29 | to this section the court shall grant: |
30 | (1) An award for wrongful conviction and incarceration calculated at fifty thousand dollars |
31 | ($50,000) at the time of release and paid for each year served in a correctional facility. For |
32 | incarceration of less than a year, this amount shall be prorated to one three hundred sixty fifth’s |
33 | (1/365) of fifty thousand dollars ($50,000) for every day served. The award may be expanded to |
34 | include, at the discretion of the court, in the interest of justice: |
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1 | (i) Release from any child support payments owed the state by the claimant that became |
2 | due, and interest on child support arrearages that accrued, during the time served in prison but were |
3 | not paid as well as reasonable attorneys’ fees where legal proceedings are required to remedy |
4 | outstanding obligations resulting from an order to pay child support; |
5 | (ii) Access to and eligibility for any services provided by the state for offenders who have |
6 | been adjudicated by the courts and are residing in the community. Coordination of said services |
7 | shall be through the department of probation and parole; |
8 | (iii) Reasonable attorneys' fees for bringing a claim under this chapter, not to exceed fifteen |
9 | thousand dollars ($15,000). Any such fees granted shall not be deducted from the compensation |
10 | due to the claimant, nor is counsel entitled to receive additional fees from the client. |
11 | (c) No damages or amounts awarded pursuant to this chapter shall be subject to: |
12 | (1) Any cap or limit that may be applicable to private parties in civil lawsuits; |
13 | (2) Any taxes, except for those portions of the judgment awarded as attorneys’ fees for |
14 | bringing a claim under this chapter; or |
15 | (3) Treatment as gross income to a claimant under the provisions of title 44. |
16 | (d) The claimant shall not receive compensation for any period of incarceration during |
17 | which the claimant was concurrently serving a sentence for a conviction of another crime for which |
18 | such claimant was lawfully incarcerated. |
19 | (e) The acceptance by a claimant of any such award, compromise, or settlement shall: |
20 | (1) Be memorialized in writing, which shall include a provision, signed by the claimant, |
21 | voluntarily relinquishing any and all rights to pursue any other action or remedy at law or in equity |
22 | that such person may have arising out of such wrongful conviction and incarceration; |
23 | (2) Except when procured by fraud, be final and conclusive on the claimant. |
24 | (f) The court shall, upon determining that the claimant is entitled to compensation under |
25 | this chapter, forward to the general treasurer an inventory and description of the award, including |
26 | any attorneys’ fees awarded, for disbursement. |
27 | (g)(1) If at the time of the judgment entry referred to in subsection (b) of this section, the |
28 | claimant has won a monetary award on or after the effective date of this statute as the result of a |
29 | federal civil rights lawsuit under federal statute 42 U.S.C. § 1983, the amount of the award in the |
30 | action or the amount received in the settlement agreement, less any sums paid to attorneys or for |
31 | costs litigating the other civil action or obtaining the settlement agreement, shall be deducted from |
32 | the sum of money to which the claimant is entitled under this section. |
33 | (2) If subsection (g)(1) of this section does not apply and if, after the time of the judgment |
34 | entry referred to in subsection (b) of this section, the claimant wins a monetary award as the result |
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1 | of a federal civil rights lawsuit under federal statute 42 U.S.C. § 1983, the claimant shall reimburse |
2 | the state for the sum of money paid under the judgment entry referred to in subsection (b) of this |
3 | section, less any sums paid to attorneys or for costs in litigation of the other civil action or obtaining |
4 | the settlement agreement. A reimbursement required under this subsection shall not exceed the |
5 | amount of the monetary award the claimant wins for damages in the other civil action or the amount |
6 | received in the settlement agreement. |
7 | 12-33-5. Funding. |
8 | Any awards, amounts, or fees awarded pursuant to the provisions of this chapter shall, at |
9 | the direction of the court be provided by the general treasurer from the general fund. |
10 | 12-33-6. Non-exclusivity. |
11 | The provisions of this chapter shall not be construed to prohibit a person who has been |
12 | wrongfully convicted and incarcerated as a result of the misfeasance or malfeasance on the part of |
13 | the state or any of its political subdivisions from seeking compensation or relief pursuant to any |
14 | other action or suit authorized by law. |
15 | 12-33-7. Limitations. |
16 | Any person claiming compensation under this section based on a pardon that was granted |
17 | or the vacated or reversed judgment of conviction that occurred before June 30, 2021, shall file |
18 | such claim not later than three (3) years after June 30, 2021. Any person claiming compensation |
19 | under this section based on a pardon that was granted or the vacated or reversed judgment of |
20 | conviction on or after June 30, 2021, shall file such claim not later than three (3) years after the |
21 | date of such pardon or the vacated or reversed judgment of conviction. |
22 | SECTION 2. This act shall take effect upon passage. |
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EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO CRIMINAL PROCEDURE | |
*** | |
1 | This act would create an action at law authorizing any person who has been sentenced to a |
2 | term of imprisonment greater than one year subsequent to being wrongfully convicted of a criminal |
3 | offense to petition the presiding justice of the superior court for an award of compensation and |
4 | damages, including attorney’s fees. Wrongful conviction would exclude reversals or pardons based |
5 | on ineffectiveness of counsel. Any claimant whose conviction was reversed prior to June 30, 2021 |
6 | would have three (3) years from that date to file a claim and all subsequent claimants would be |
7 | limited to filing within three (3) years from the date of the reversal or pardon. |
8 | This act would take effect upon passage. |
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