Idaho 2020 Session Status: Enacted

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

Last action — Returned from Governor vetoed on March 30, 2020

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 30, 2020. Enacted.

Prognosis

Advancing 50% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

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Bill Text

What changed in the latest version

143 added · 156 removed

143 line(s) added, 156 removed.

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384 BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE AN ACT RELATING TO THE IDAHO WRONGFUL CONVICTION ACT;
384, 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, TO PROVIDE CERTAIN PROCEDURES AND CRITERIA FOR A CLAIM, TO PROVIDE FOR AN APPEAL, TO PROVIDE CERTAIN IMMUNITY, TO PROVIDE FOR CERTAIN COMPENSATION AND DAMAGES, TO PROVIDE CERTAIN RESTRICTIONS ON DAMAGES, TO PROVIDE THAT CERTAIN DAMAGES SHALL BE TAX-EXEMPT, TO PRO- VIDE FOR A CERTIFICATE OF INNOCENCE AND EXPUNGEMENT OF CERTAIN RECORDS, AND TO PROVIDE FOR THE CREATION OF THE INNOCENCE FUND.
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 CON- VICTION, TO PROVIDE CERTAIN PROCEDURES AND CRITERIA FOR A CLAIM, TO PRO- 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 PROVIDE FOR A CERTIFICATE OF INNOCENCE, AND TO PROVIDE FOR THE CREATION OF THE INNOCENCE FUND.
(2) A claimant who is not ineligible under subsection (3) of this sec- tion may bring a civil action for his wrongful conviction against this state in a district court seeking damages or other relief provided by section 6-3303, Idaho Code.
(2) If he meets the requirements of this chapter, a claimant may bring a civil action against the state of Idaho for wrongful conviction.
The claimant shall prevail if he shows by a preponder- ance of evidence the following requirements:
The claimant shall prevail if he establishes each of the following requirements by a preponderance of the evidence:
(b) The claimant did not commit the crime for which he was convicted, and the claimant:
(b) The claimant did not commit the crime for which he was convicted;
(i) Was not an accessory or accomplice to the acts that were the basis of the conviction;
(c) The claimant did not commit the acts that were the basis of the con- viction;
(ii) Did not commit the acts that were the basis of the conviction;
(d) The claimant did not aid, abet, or act as an accomplice or accessory to either the acts or to a person who committed the acts that were the basis for the conviction;
and (iii) Did not aid, abet, or act as an accomplice or accessory to a person who committed the acts that were the basis of the convic- tion;
(e) The claimant did not commit an included offense of the crime for which he was imprisoned;
(c) The claimant was not convicted of an offense necessarily included in the offense charged;
(f) The claimant establishes that either of the following occurred:
(d) The following occurred:
(i) The claimant's 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) The claimant's 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;
or (ii) The claimant was pardoned by the Idaho commission of pardons and parole or the governor on the grounds that the claimant was in- nocent;
or (ii) The claimant was pardoned by the commission of pardons and parole on the grounds that the claimant was innocent;
and (g) The claimant establishes that the basis for reversing or vacating the conviction was not legal error unrelated to his factual innocence.
and (iii) The basis for reversing or vacating the conviction was not legal error that was unrelated to his innocence;
(3) A claimant shall not prevail on a claim brought pursuant to this chapter if the state shows by a preponderance of the evidence that a claimant pled guilty with the specific intent to protect another party from prosecu- tion for the underlying conviction that forms the basis for the claim.
and (e) The claimant did not commit or suborn perjury, fabricate evidence, or by the claimant's own conduct cause or bring about the conviction.
(4)(a) The suit shall be brought within a period of two (2) years after:
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) All pleadings submitted pursuant to this section shall be cap- tioned, "In the matter of the wrongful conviction of __________________." (7) Any claim filed pursuant to this section shall be served on the at- torney general in accordance with the rules of civil procedure.
(5) A claimant shall be entitled to a hearing in district court as expe- ditiously as possible after the filing of a claim.
(8) The claimant is entitled to a jury trial upon demand.
(6) If a person dies prior to filing or during the pendency of a claim under this section, the person's estate may file or maintain a claim pursuant to this section.
If a jury trial is not demanded, it may be tried by the court.
(7) All provisions of existing law relating to absolute or qualified im- munity shall apply to an action brought pursuant to the 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) Any award of damages pursuant to subsection (1) of this section must be submitted to the board of examiners for review.
(2) Compensation awarded under subsection (1) of this section shall be computed on a pro rata basis, with damages computed according to the number of days the claimant was imprisoned, on parole, or required to register as a sex offender due to the conviction that is the subject of the action.
The board of ex- aminers shall submit the award to the state controller for payment to the claimant from the innocence fund created pursuant to section 6-3305, Idaho Code.
For purposes of the pro rata calculation, three hundred sixty-five (365) days equals one (1) year.
Damages shall be paid as a combination of an initial payment not to exceed one hundred thousand dollars ($100,000) or twenty-five percent (25%) of the award, whichever is greater, and the remainder as an annuity not to exceed eighty-five thousand dollars ($85,000) per year.
The burden is on the claimant to establish the number of days he was imprisoned, on parole, or required to register as a sex offender.
The claimant shall designate a beneficiary or beneficiaries for the annuity by filing such des- ignation with the court.
(3) The claimant must establish the damages he is seeking under subsec- tions (1), (2), and (4) of this section and the basis for those damages.
The court may order that the award be paid in one lump sum if the court finds that it is in the best interests of the claimant.
Any award of damages pursuant to subsections (1) and (2) of this section must be submitted to the board of examiners for review.
(3) In addition to the damages awarded pursuant to subsection (1) of this section, the claimant:
Awards shall be paid from the innocence fund created pursuant to section 6-3305, Idaho Code.
(a) Shall be entitled to receive 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 rea- sonable total is authorized by the court upon a finding of good cause shown;
Damages shall be paid as a combination of an initial payment not to exceed one hun- dred thousand dollars ($100,000) or twenty-five percent (25%) of the award, whichever is greater, and the remainder as an annual payment not to exceed eighty-five thousand dollars ($85,000) per year until the damage award is paid in full.
and (b) May also be awarded other nonmonetary relief as sought in the com- plaint, including but not limited to health insurance, reimbursement of out-of-pocket medical expenses, mental health counseling, tuition as- sistance, housing assistance, job assistance, and personal financial literacy assistance, as appropriate;
The claimant shall designate a beneficiary or beneficiaries for the annual payment by filing such designation with the state.
(4) If a claimant has in a separate civil action related to the wrong- ful conviction won a monetary judgement against, or entered into a settle- ment agreement with, the state or any political subdivision, the amount of any such award or settlement collected by the 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.
The award may be paid in one (1) lump sum if the court finds that it is in the best in- terests of the claimant.
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;
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(c) Two (2) years of state-funded medical insurance for each year of imprisonment, up to a maximum of eight (8) years of insurance coverage, for state-funded medical insurance as described in section 67-5760, Idaho Code, or other equivalent medical insurance if state-funded medi- cal insurance is not available;
and (d) A tuition waiver at an Idaho public postsecondary institution for thirty (30) credit hours for each year of imprisonment, up to a maximum of one hundred twenty (120) credit hours.
(5) If a claimant has in a separate civil action related to the wrong- ful conviction won a monetary judgement against, or entered into a settle- ment agreement with, the state or any political subdivision, the amount of any such award or settlement collected by the 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.
(5) Any damages awarded pursuant to subsection (1) of this section shall be tax-exempt in the state of Idaho.
(6) Any damages awarded pursuant to subsection (1) of this section shall be tax-exempt in the state of Idaho.
CERTIFICATE OF INNOCENCE -- EXPUNGEMENT.
CERTIFICATE OF INNOCENCE.
(1) If the court finds that the claimant is entitled to a judgment pursuant to section 6-3302, Idaho Code, it shall enter a certificate of innocence finding that the claimant was innocent of all crimes for which the claimant was mistakenly convicted.
If the court finds that the claimant is entitled to a judgment pursuant to section 6-3302, Idaho Code, it shall enter a certificate of innocence finding that the claimant was inno- cent of all crimes for which the claimant was mistakenly convicted.
(2) Upon entry of the certificate of innocence, the court shall order the associated convictions and arrest records expunged and purged from all applicable state and federal systems in accordance with court rules.
The Idaho supreme court shall promulgate rules to direct how such records will be expunged.
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Amendments

1 amendment

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Action History

  1. Returned from Governor vetoed on March 30, 2020

  2. Delivered to Governor at 2:25 p.m. on March 19, 2020

  3. Returned Signed by the President; Ordered Transmitted to Governor

  4. Signed by President; returned to House

  5. Received from the House enrolled/signed by Speaker

  6. Reported Enrolled; Signed by Speaker; Transmitted to Senate

  7. Rules Suspended: Ayes 66 Nays 0 Abs/Excd 4, read in full as required – PASSED - 64-1-5AYES – Addis, Amador, Anderst, Andrus, Armstrong, Barbieri, Blanksma, Boyle, Chaney, Chew, Christensen, Clow, Collins, Crane, DeMordaunt, Dixon, Ehardt, Ellis, Furniss, Gannon, Gestrin, Gibbs, Giddings, Goesling, Green, Harris, Hartgen, Holtzclaw, Horman, Kauffman, Kerby, Kingsley, Kiska, Lickley, Marshall, Mason, McCrostie, Mendive, Monks, Moon, Moyle, Necochea, Nichols, Palmer, Raybould, Raymond, Ricks, Rubel, Scott, Shepherd, Smith, Stevenson, Syme, Toone, Vander Woude, Wagoner, Wintrow, Wisniewski, Wood, Young, Youngblood, Zito, Zollinger, Mr. SpeakerNAYS – AndersonAbsent – Abernathy, Berch, Davis, Remington, Troy(Seegmiller)Floor Sponsor - RicksTitle apvd - to enrol

  8. Read first time as amended in Senate; Filed for Second Reading

  9. Reported Engrossed; Filed for First Reading of Engrossed Bills

  10. Bills as Amended Referred to JRA for Engrossing

  11. House Concurred in Senate Amendments

  12. Returned from the Senate Amended; Held at Desk

  13. Read third time as amended in the Senate – PASSED - 32-0-3AYES – Agenbroad, Anthon, Bair, Bayer, Brackett, Buckner-Webb, Burgoyne, Burtenshaw, Cheatham, Crabtree, Den Hartog, Guthrie, Harris, Heider, Hill, Johnson, Lakey, Lee, Lent, Lodge, Martin, Mortimer, Nye, Patrick, Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, Winder, WoodwardNAYS – NoneAbsent and excused – Grow, Jordan, NelsonFloor Sponsor - LentTitle apvd - to House

  14. Read second time as amended in the Senate, filed for Third Reading

  15. Read first time as amended in the Senate; Filed for Second Reading

  16. Amendments reported printed

  17. Reported out as amended; filed for first reading

  18. Amendments ordered printed

  19. Placed in the Committee of the Whole

  20. Reported out of committee; to 14th Order for amendment

  21. Introduced, read first time; referred to: Judiciary & Rules

  22. Received from the House passed; filed for first reading

  23. Read Third Time in Full – PASSED - 70-0-0AYES – Abernathy, Addis, Amador, Anderson, Anderst, Andrus, Armstrong, Barbieri, Berch, Blanksma, Boyle, Chaney, Chew, Christensen, Clow, Collins, Crane, Davis, DeMordaunt, Dixon, Ehardt, Ellis, Furniss, Gannon, Gestrin, Gibbs, Giddings, Goesling, Green, Harris, Hartgen, Holtzclaw, Horman, Kauffman, Kerby, Kingsley, Kiska, Lickley, Marshall, Mason, McCrostie, Mendive, Monks, Moon, Moyle, Necochea, Nichols, Palmer, Raybould, Raymond, Remington, Ricks, Rubel, Scott, Shepherd, Smith, Stevenson, Syme, Toone, Troy, Vander Woude, Wagoner, Wintrow, Wisniewski, Wood, Young, Youngblood, Zito, Zollinger, Mr. SpeakerNAYS – NoneAbsent – NoneFloor Sponsor - RicksTitle apvd - to Senate

  24. U.C. to hold place on third reading calendar one legislative day

  25. Read second time; Filed for Third Reading

  26. Reported out of Committee with Do Pass Recommendation, Filed for Second Reading

  27. Reported Printed and Referred to Judiciary, Rules & Administration

  28. Introduced, read first time, referred to JRA for Printing

Sponsors

  • RULES AND ADMINISTRATION COMMITTEE JUDICIARY · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 104 not signed on

Sponsors (1)

  • JUDICIARY, RULES AND ADMINISTRATION COMMITTEE

Co-sponsors (0)

None.

Not signed on (104)

104 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Frequently asked questions

Who sponsors H 384?
H 384 is sponsored by JUDICIARY, RULES AND ADMINISTRATION COMMITTEE.
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This bill has been enacted into law. Introduced January 30, 2020. Enacted.
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