H 384 — IDAHO WRONGFUL CONVICTION ACT – Adds to existing law to provide for a claim of compensation for a person who is wrongfully convicted.

384384, As Amended in the Senate BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE AN ACT RELATING TO THE IDAHO WRONGFUL CONVICTION ACT;

AMENDING TITLE 6, IDAHO CODE, BY THE ADDITION OF A NEW CHAPTER 33, TITLE 6, IDAHO CODE, TO PROVIDE A SHORT TITLE, TO PROVIDE FOR A CLAIM OF COMPENSATION FOR A WRONGFUL CONVICTION,CON- VICTION, TO PROVIDE CERTAIN PROCEDURES AND CRITERIA FOR A CLAIM, TO PROVIDEPRO- VIDE FOR AN APPEAL, TO PROVIDE CERTAIN IMMUNITY, TO PROVIDE FOR CERTAIN COMPENSATION AND DAMAGES, TO PROVIDE CERTAIN RESTRICTIONS ON DAMAGES, TO PROVIDE FOR COMPUTATION OF DAMAGES, TO PROVIDE FOR HOW DAMAGES ARE PAID, TO PROVIDE THAT CERTAIN DAMAGES SHALL BE TAX-EXEMPT, TO PRO-PROVIDE VIDE FOR A CERTIFICATE OF INNOCENCEINNOCENCE, AND EXPUNGEMENT OF CERTAIN RECORDS, AND TO PROVIDE FOR THE CREATION OF THE INNOCENCE FUND.

(2) AIf claimanthe whomeets isthe notrequirements ineligible under subsection (3) of this sec-chapter, tiona claimant may bring a civil action for his wrongful conviction against thisthe state inof aIdaho districtfor courtwrongful seekingconviction. damages or other relief provided by section 6-3303, Idaho Code.

The claimant shall prevail if he showsestablishes each of the following requirements by a preponder-preponderance ance of evidence the followingevidence: requirements:

(b) The claimant did not commit the crime for which he was convicted,convicted; and the claimant:

(i)(c) WasThe notclaimant andid accessorynot orcommit accomplice to the acts that were the basis of the conviction;con- viction;

(ii)(d) DidThe claimant did not commitaid, abet, or act as an accomplice or accessory to either the acts or to a person who committed the acts that were the basis offor the conviction;

and(e) (iii)The Didclaimant did not aid,commit abet, or act as an accompliceincluded oroffense accessoryof to a person who committed the actscrime thatfor werewhich thehe basiswas ofimprisoned; the convic- tion;

(c)(f) The claimant wasestablishes notthat convictedeither of an offense necessarily included in the offensefollowing charged;occurred:

(d)(i) The followingclaimant's occurred:conviction was reversed or vacated and either the claimant was not retried and the charges were dismissed or the claimant was retried and was found not guilty;

(i)or (ii) The claimant'sclaimant conviction was reversedpardoned orby vacated, and either the claimantIdaho wascommission notof retriedpardons and theparole chargesor werethe dismissed,governor oron the claimantgrounds wasthat retriedthe andclaimant was foundin- notnocent; guilty;

orand (ii)(g) The claimant wasestablishes pardonedthat by the commissionbasis offor pardonsreversing andor parolevacating on the groundsconviction thatwas thenot claimantlegal waserror innocent;unrelated to his factual innocence.

and(3) (iii)A Theclaimant basisshall fornot reversingprevail oron vacatinga claim brought pursuant to this chapter if the convictionstate wasshows notby legala errorpreponderance of the evidence that wasa unrelatedclaimant pled guilty with the specific intent to hisprotect innocence;another party from prosecu- tion for the underlying conviction that forms the basis for the claim.

and(4)(a) (e) The claimantsuit didshall notbe commitbrought orwithin suborna perjury,period fabricateof evidence,two or(2) byyears theafter: claimant's own conduct cause or bring about the conviction.

Neither a confession nor admission later found to be false, or a guilty plea, shall constitute committing or suborning perjury, fabricating evidence, or causing or bringing about the conviction under this sub- section.

(3) A court shall not award, and a claimant shall not receive, compen- sation for any period of imprisonment during which the claimant was concur- rently serving a sentence for a conviction of another offense for which the claimant was lawfully convicted and imprisoned.

(4) The court, in exercising its discretion as permitted by law regard- ing the weight and admissibility of evidence submitted pursuant to this sec- tion, may, in the interest of justice, give due consideration to difficul- ties of proof caused by the passage of time, the death or unavailability of witnesses, the destruction of evidence, or other factors not caused by such persons or those acting on their behalf.

(5)(a) The suit, accompanied by a statement of the facts concerning the claim for damages, verified in the manner provided for the verification of complaints in the rules of civil procedure, shall be brought within a period of two (2) years after:

(6)(5) AllA pleadingsclaimant submitted pursuant to this section shall be cap-entitled tioned, "In the matter of the wrongful conviction of __________________." (7) Any claim filed pursuant to thisa sectionhearing shallin bedistrict servedcourt onas theexpe- at-ditiously torneyas generalpossible inafter accordance with the rulesfiling of civila procedure.claim.

(8)(6) TheIf claimanta isperson entitleddies prior to filing or during the pendency of a juryclaim trialunder uponthis demand.section, the person's estate may file or maintain a claim pursuant to this section.

If(7) aAll juryprovisions trialof isexisting notlaw demanded,relating itto mayabsolute beor triedqualified byim- munity shall apply to an action brought pursuant to the court.provisions of this section.

(9) A claimant shall be entitled to a hearing in district court no later than one hundred twenty (120) days after the filing of a claim.

(10) For any person who was sentenced to capital punishment and was sub- sequently wrongfully executed, a claim may be filed pursuant to this section by the person who is most closely related by blood, adoption, marriage, or domestic partnership within the first degree of consanguinity or affinity, or by a grandchild.

(11) The decision of the district court made pursuant to subsection (2) of this section may be appealed directly to the Idaho supreme court pursuant to the rules of civil procedure.

(12) All provisions of existing law relating to the absolute or quali- fied immunity of any judicial officer, prosecutor, or law enforcement offi- cer, including all applicable provisions of federal and state law, shall ap- ply to an action brought pursuant to the provisions of this section.

(2) AnyCompensation awardawarded ofunder damages pursuant to subsection (1) of this section mustshall be submittedcomputed on a pro rata basis, with damages computed according to the boardnumber of examinersdays forthe review.claimant was imprisoned, on parole, or required to register as a sex offender due to the conviction that is the subject of the action.

TheFor boardpurposes of ex- aminers shall submit the awardpro torata thecalculation, statethree controllerhundred forsixty-five payment(365) todays theequals claimantone from(1) theyear. innocence fund created pursuant to section 6-3305, Idaho Code.

DamagesThe shallburden beis paidon asthe aclaimant combination of an initial payment not to exceedestablish onethe hundrednumber thousand dollars ($100,000) or twenty-five percent (25%) of thedays award,he whicheverwas isimprisoned, greater,on andparole, theor remainderrequired as an annuity not to exceedregister eighty-fiveas thousanda dollarssex ($85,000)offender. per year.

(3) The claimant shallmust designateestablish athe beneficiarydamages orhe beneficiariesis forseeking theunder annuitysubsec- bytions filing(1), such(2), des-and ignation(4) withof this section and the court.basis for those damages.

TheAny court may order that the award beof paiddamages inpursuant oneto lumpsubsections sum(1) ifand the(2) courtof findsthis thatsection itmust isbe insubmitted to the bestboard interests of theexaminers claimant.for review.

(3)Awards Inshall additionbe topaid from the damagesinnocence awardedfund created pursuant to subsectionsection (1)6-3305, ofIdaho thisCode. section, the claimant:

(a)Damages Shallshall be entitledpaid toas receivea reasonablecombination attorney'sof feesan andinitial costspayment incurrednot into theexceed actionone broughthun- pursuantdred tothousand thisdollars chapter($100,000) notor totwenty-five exceedpercent a(25%) total of twenty-fivethe thousandaward, dollarswhichever ($25,000),is unlessgreater, aand greaterthe rea-remainder sonableas totalan isannual authorizedpayment bynot theto courtexceed uponeighty-five athousand findingdollars of($85,000) goodper causeyear shown;until the damage award is paid in full.

andThe (b)claimant Mayshall alsodesignate bea awardedbeneficiary otheror nonmonetarybeneficiaries relieffor as sought in the com-annual plaint,payment includingby butfiling notsuch limiteddesignation towith healththe insurance,state. reimbursement of out-of-pocket medical expenses, mental health counseling, tuition as- sistance, housing assistance, job assistance, and personal financial literacy assistance, as appropriate;

(4)The Ifaward amay claimantbe haspaid in aone separate(1) civillump actionsum relatedif to the wrong-court fulfinds convictionthat wonit ais monetaryin judgement against, or entered into a settle- ment agreement with, the statebest orin- anyterests political subdivision, the amount of any such award or settlement collected by the claimant,claimant. less attorney's fees and litigation costs, shall be deducted from the sum of money to which the claimant is entitled to under this section.

Any award of damages shall not accrue post-judgment interest, and the provisions of section 28-22-104, Idaho Code, shall not apply to such damages.

A court shall not award, and a claimant shall not re- ceive, compensation for any period of imprisonment during which the claimant was serving a sentence for a conviction of another offense for which the claimant was lawfully convicted and imprisoned.

The claimant shall not re- ceive compensation for any period of time that he was on parole or required to register as a sex offender during which the claimant was paroled or required to register as a sex offender for another offense for which the claimant was lawfully convicted.

(4) In addition to the damages awarded pursuant to subsection (1) of this section, the claimant may be entitled to the following:

(a) Reasonable attorney's fees and costs incurred in the action brought pursuant to this chapter not to exceed a total of twenty-five thousand dollars ($25,000), unless a greater reasonable total is authorized by the court upon a finding of good cause shown;

(b) Reentry services offered through the department of correction, as applicable;