Vermont H 564: An act relating to inquests and public records

Bill Text

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H.564 1
Introduced by Representative Dolan of Essex Junction 2
Referred to Committee on 3
Date: 4
Subject: Criminal procedures; innocence protection; compensation for 5
wrongful convictions 6
Statement of purpose of bill as introduced: This bill proposes to clarify that a 7
person who is convicted and imprisoned for a crime, and subsequently 8
exonerated after being found innocent of the crime, is entitled to compensation 9
for the wrongful conviction irrespective of whether the person was exonerated 10
because of DNA testing or for other reasons. 11
An act relating to compensation for wrongful convictions 12
It is hereby enacted by the General Assembly of the State of Vermont: 13
Sec. 1. 13 V.S.A. chapter 182, subchapter 2 is amended to read: 14
Subchapter 2. Compensation for Wrongful Convictions 15
§ 5572. RIGHT OF ACTION; PROCEDURE 16
(a) A person convicted and imprisoned for a crime of which the person was 17
exonerated pursuant to this chapter shall have a cause of action for damages 18
against the State. 19

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(b) A person is exonerated under subsection (a) of this section if the person 1
establishes the following by clear and convincing evidence: 2
(1) The person was convicted of a felony crime, was sentenced to a term 3
of imprisonment, and served at least six months of the sentence in a 4
correctional facility. 5
(2)(A) the person’s conviction was reversed or vacated, the 6
complainant’s information or indictment was dismissed, or the complainant 7
was acquitted after a second or subsequent trial; or 8
(B) the person was pardoned for the crime for which the person was 9
sentenced. 10
(3) The person is actually innocent of the felony or felonies that are the 11
basis for the claim. As used in this chapter, a person is “actually innocent” of a 12
felony or felonies if the person did not engage in any illegal conduct alleged in 13
the charging documents for which the person was charged, convicted, and 14
imprisoned, and that served as the basis for the conviction. 15
(4) The person did not fabricate evidence or commit or suborn perjury 16
during any proceedings related to the crime with which the person was 17
charged. 18
(c) An action brought under this subchapter shall be filed in Washington 19
County Superior Court. Notice of the action shall be served upon the Attorney 20
General. 21

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(c)(d) The Vermont Rules of Civil Procedure shall apply to actions brought 1
under this subchapter, and the plaintiff shall have a right to trial by jury. The 2
Vermont Rules of Appellate Procedure shall apply to appeals from orders and 3
judgments issued under this subchapter. 4
(d)(e) The Attorney General may consider, adjust, determine, and settle any 5
claim for damages brought against the State of Vermont under this subchapter. 6
* * * 7
§ 5574. BURDEN OF PROOF; FINDINGS; JUDGMENT; DAMAGES 8
(a) A claimant shall be entitled to judgment in an action under this 9
subchapter if the claimant establishes and the court finds each of the following 10
by clear and convincing evidence: 11
(1) The complainant was convicted of a felony crime, was sentenced to 12
a term of imprisonment, and served at least six months of the sentence in a 13
correctional facility. 14
(2)(A) the complainant’s conviction was reversed or vacated, the 15
complainant’s information or indictment was dismissed, or the complainant 16
was acquitted after a second or subsequent trial; or 17
(B) the complainant was pardoned for the crime for which he or she 18
the complainant was sentenced. 19
(3) The complainant is actually innocent of the felony or felonies that 20
are the basis for the claim. As used in this chapter, a person is “actually 21

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innocent” of a felony or felonies if he or she the person did not engage in any 1
illegal conduct alleged in the charging documents for which he or she the 2
person was charged, convicted, and imprisoned, and that served as the basis for 3
the conviction. 4
(4) The complainant did not fabricate evidence or commit or suborn 5
perjury during any proceedings related to the crime with which he or she the 6
complainant was charged. 7
(b) A claimant awarded judgment in an action under this subchapter shall 8
be entitled to damages in an amount to be determined by the trier of fact for 9
each year the claimant was incarcerated, provided that the amount of damages 10
shall not be less than $30,000.00 nor greater than $60,000.00 for each year the 11
claimant was incarcerated, adjusted proportionally for partial years served. 12
The damage award may also include: 13
(1) economic damages, including lost wages and costs incurred by the 14
claimant for his or her the claimant’s criminal defense and for efforts to prove 15
his or her the claimant’s innocence; 16
(2) up to 10 years of