Mississippi HB 922: Wrongful conviction; remove limit on damages when court finds.

Bill Text

HB 922 (As Introduced) - 2021 Regular Session 

MISSISSIPPI LEGISLATURE

2021 Regular Session

To: Judiciary B

By: Representative Taylor

House Bill 922

AN ACT TO AMEND SECTION 11-44-7, MISSISSIPPI CODE OF 1972, 
TO REMOVE THE LIMITATION FOR DAMAGES WHEN A PERSON IS WRONGFULLY CONVICTED OR INCARCERATED; 
AND FOR RELATED PURPOSES.

���� BE IT ENACTED BY THE 
LEGISLATURE OF THE STATE OF MISSISSIPPI:

���� SECTION 1.� Section 
11-44-7, Mississippi Code of 1972, is amended as follows:

���� 11-44-7.� (1)� In order to 
obtain a judgment under this chapter, a claimant must prove by a preponderance 
of the evidence that:

��������� (a)� He was convicted 
of one or more felonies and subsequently sentenced to a term of imprisonment, 
and has served all or any part of the sentence; and

���� ��������� (i)� He has been 
pardoned for the felony or felonies for which he was sentenced and which are 
the grounds for the complaint and the pardon is based on the innocence of the 
claimant which must be affirmatively stated in the pardon; or

������������� (ii)� His judgment 
of conviction was reversed or vacated; and

������������������ 1.� The 
accusatory instrument was dismissed or nol prossed; or

������������������ 2.� If a new 
trial was ordered, he was found not guilty at the new trial; and

��������� (b)� He did not commit 
the felony or felonies for which he was sentenced and which are the grounds for 
the complaint, or the acts or omissions for which he was sentenced did not 
constitute a felony; and

��������� (c)� He did not commit 
or suborn perjury, or fabricate evidence to bring about his conviction.

���� (2)� If the court finds that 
the claimant was wrongfully convicted and incarcerated pursuant to subsection 
(1) of this section, the court shall award:

��������� (a)� Fifty Thousand 
Dollars ($50,000.00) for each year of incarceration regardless of the number of 
felonies for which a claimant was convicted * * *, but the total amount for each claimant shall not exceed 
Five Hundred Thousand Dollars ($500,000.00). * * *There shall be no compensation for any preindictment 
detention. This award shall be paid to the claimant in installments 
of Fifty Thousand Dollars ($50,000.00) per year until the award is fully paid.� 
The state may purchase an annuity to satisfy this obligation.

��������� (b)� Reasonable attorney's 
fees for bringing a claim under this chapter calculated at ten percent (10%) of 
the amount awarded under paragraph (a) of this subsection for preparing and 
filing the claim, twenty percent (20%) for litigating the claim if it is 
contested by the Attorney General, and twenty-five percent (25%) if the claim 
is appealed, plus expenses.� These fees shall not be deducted from the 
compensation due the claimant, nor is counsel entitled to receive additional 
fees from the client for a claim under this section.

���� (3)� The award shall not be 
subject to:

��������� (a)� Any cap applicable 
to private parties in civil lawsuits;

��������� (b)� Any taxes, except 
that those portions of the judgment awarded as attorney's fees for bringing a 
claim under this chapter shall be taxable as income to the attorney; or

��������� (c)� Treatment as gross 
income to a claimant under the provisions of Title 27, Chapter 7, Mississippi 
Code of 1972.

���� (4)� A claimant may choose 
to pursue a claim under this chapter in lieu of pursuing a claim against the 
State of Mississippi or a political subdivision thereof under the Mississippi 
Tort Claims Act, Section 11-46-1 et seq., Mississippi Code of 1972.� Any 
claimant who obtains an award under this chapter may not obtain an award by 
reason of the same subject against the State of Mississippi or a political 
subdivision thereof under the provisions of the Mississippi Tort Claims Act, 
Section 11-46-1 et seq., Mississippi Code of 1972.

���� (5)� The immunity of the 
State of Mississippi and any political subdivision thereof is hereby waived 
with respect to the claims described in this chapter and within the limits 
prescribed by this chapter.

���� SECTION 2.� This act 
shall take effect and be in force from and after July 1, 2021.