Kentucky HB 178: AN ACT relating to wrongful conviction compensation and making an appropriation therefor.

Bill Text

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AN ACT relating to wrongful conviction compensation and making an 1
appropriation therefor. 2
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 3
SECTION 1. A NEW SECTION OF KRS CHAPTER 411 IS CREATED TO 4
READ AS FOLLOWS: 5
(1) As used in this section, "claimant" means a person convicted and subsequently 6
imprisoned for one (1) or more crimes that the person did not commit. 7
(2) Notwithstanding any other provision of law, a claimant may bring an action in 8
the Circuit Court of the county in which the conviction occurred seeking 9
damages from the Commonwealth pursuant to this section. 10
(3) (a) In an action under this section, the claimant shall establish the following by 11
a preponderance of the evidence: 12
1. The claimant was convicted of a felony crime and subsequently 13
imprisoned; 14
2. a. The claimant's conviction was reversed or vacated and either the 15
charges were dismissed or, on retrial, the claimant was found to 16
be not guilty; or 17
b. The claimant was granted a full pardon by the Governor; 18
3, The claimant did not commit the crime or crimes for which the 19
claimant was convicted and was not an accessory or accomplice to the 20
acts that were the basis of the conviction; and 21
4. a. The claimant did not commit or suborn perjury, fabricate 22
evidence, or by the claimant's own conduct cause or bring about 23
the conviction. 24
b. Neither a confession later found to be false or a guilty plea shall 25
constitute committing or suborning perjury, fabricating 26
evidence, or causing or bringing about the conviction under this 27

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subparagraph. 1
(b) The court may give due consideration to difficulties of proof caused by the 2
passage of time, the death or unavailability of witnesses, the destruction of 3
evidence, or other factors not caused by the claimant or those acting on his 4
or her behalf. 5
(4) (a) An action filed pursuant to this section shall be brought in accordance with 6
the Kentucky Rules of Civil Procedure and within a period of two (2) years 7
after the: 8
1. Dismissal of the criminal charges against the claimant or finding of 9
not guilty on retrial; or 10
2. Grant of a pardon to the claimant. 11
(b) A claimant convicted, imprisoned, and released from custody before the 12
effective date of this Act shall commence an action under this section not 13
later than two (2) years after the effective date of this Act. 14
(c) Any claim filed pursuant to this section shall be served on the Attorney 15
General in accordance with the Kentucky Rules of Civil Procedure. 16
(5) (a) Subject to any adjustment made under paragraph (d) of this subsection, 17
damages awarded under this section shall be: 18
1. a. Sixty-five thousand dollars ($65,000) for each year of 19
imprisonment, except as provided in paragraph (b) of this 20
subsection; or 21
b. Seventy-five thousand dollars ($75,000) for each year of 22
imprisonment if the claimant was imprisoned on death row, 23
except as provided in paragraph (b) of this subsection; and 24
2. Twenty-five thousand dollars ($25,000) for each additional year served 25
on parole or postincarceration supervision or each additional year the 26
claimant was required to register as a sex offender under KRS 17.510, 27

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whichever is greater. 1
(b) A claimant shall not receive compensation for any period of incarceration 2
that the claimant was concurrently serving under a sentence for a 3
conviction of another crime that the claimant committed. 4
(c) In addition to the damages awarded pursuant to paragraph (a) of this 5
subsection, the claimant: 6
1. Shall be entitled to receive reasonable attorney fees and costs incurred 7
in the action brought under this section not to exceed a total of twenty-8
five thousand dollars ($25,000), unless a greater award is authorized 9
by the court upon a finding of good cause shown; 10
2. Shall be entitled to receive a tuition waiver for up to one hundred 11
twenty (120) credit hours at any public postsecondary educational 12
institution in Kentucky and any mandatory fees associated with 13
attendance at a public postsecondary educational institution in 14
Kentucky; 15
3. Shall be entitled to participate in, and be covered under, the Public 16
Employee Health Insurance Program, as provided by KRS 18A.225 to 17
18A.2287 or any successor statutes, as follows: 18
a. Coverage under the program shall commence upon the 19
submission by the claimant of an election of coverage to the 20
Personnel Cabinet; 21
b. The claimant may submit an election of coverage under this 22
subparagraph at any time during the plan year; 23
c. The election of coverage under subdivision a. of this 24
subparagraph may be on form established through an 25
administrative regulation promulgated in accordance with KRS 26
Ch