LEGISLATURE OF THE STATE OF IDAHO Sixty-fifth Legislature Second Regular Session - 2020 Moved by Lent Seconded by Lakey IN THE HOUSESENATE OFSENATE REPRESENTATIVESAMENDMENT HOUSETO BILLH.B. NO.

384,NO. As Amended in the Senate BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE AN ACT RELATING TO THE IDAHO WRONGFUL CONVICTION ACT;

AMENDING384 TITLEAMENDMENT 6, IDAHO CODE, BY THE ADDITION OF A NEW CHAPTER 33, TITLE 6, IDAHO CODE, TO PROVIDESECTION A1 SHORTOn TITLE,page TO1 PROVIDEof FORthe Aprinted CLAIMbill, OFdelete COMPENSATIONlines FOR22 Athrough WRONGFUL40, CON-and VICTION,insert: 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.

Be"(2) ItIf Enactedhe bymeets the Legislaturerequirements of this chapter, a claimant may bring a civil action against the Statestate of Idaho:Idaho for wrongful conviction.

SECTION 1.

That Title 6, Idaho Code, be, and the same is hereby amended by the addition thereto of a NEW CHAPTER , to be known and designated as Chap- ter 33, Title 6, Idaho Code, and to read as follows:

CHAPTER 33 IDAHO WRONGFUL CONVICTION ACT 6-3301.

SHORT TITLE.

This chapter shall be known and may be cited as the "Idaho Wrongful Conviction Act." 6-3302.

CLAIM OF COMPENSATION FOR WRONGFUL CONVICTION.

(1) As used in this chapter, "claimant" means a person convicted and subsequently impris- oned for one (1) or more crimes that such person did not commit.

(2) If he meets the requirements of this chapter, a claimant may bring a civil action against the state of Idaho for wrongful conviction.

(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.claim.".

(4)(a)On Thepage suit2, shalldelete belines brought1 withinthrough a23; period of two (2) years after:

(i)in Theline conviction24, wasdelete reversed"5" or vacated and theinsert: charges were dismissed;

(ii)"4"; The claimant was retried and found not guilty;

oralso (iii)in Theline claimant24, wasdelete pardoned", onaccompanied by a statement of the groundsfacts hecon- wascerning innocent.the";

(b)delete Aline claimant25; convicted, imprisoned, and released from custody before July 1, 2020, must commence an action under this section no later than July 1, 2022.

(5)in Aline claimant26, shalldelete be"of entitledcomplaints to a hearing in district court as expe- ditiously as possible after the filingrules of acivil claim.procedure,";

(6)delete Iflines a35 personthrough dies40; 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.

(7)in Allline provisions41, ofdelete existing"9" lawand relatinginsert: to absolute or qualified im- munity shall apply to an action brought pursuant to the provisions of this section.

6-3303."5";

COMPENSATION.also in line 41, delete "no later";

(1)in Inline an42, actiondelete brought"than pursuantone tohundred sectiontwenty 6-3302,(120) Idahodays" Code,and damagesinsert: awarded shall be:

(a)"as (i)expeditiously Sixtyas thousandpossible"; dollars ($60,000) for each year of impris- onment;

ordelete (ii)lines Seventy-five43 thousandthrough dollars47, ($75,000)and forinsert: each year of im- prisonment if the claimant was imprisoned on death row;

and"(6) (b)If Noa lessperson thandies twenty-fiveprior thousandto dollarsfiling ($25,000)or forduring each year the personpendency wasof ona paroleclaim orunder nothis lesssection, than twenty-five thousand dollars ($25,000) for each year the personperson's wasestate requiredmay tofile registeror asmaintain a sexclaim of-pursuant fender,to whicheverthis periodsection."; of time was greater.

(2)and Compensationdelete awardedlines under48 subsectionthrough (1)50. 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.

On page 3, in line 1, delete "12" and insert:

"7";

also in line 1, delete "the";

in line 2, delete "of any judicial officer, prosecutor, or law en- forcement offi-";

in line 3, delete "cer, including all applicable provi- sions of federal and state law,";

delete lines 15 through 25, and insert:

"(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 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.convicted.";

(4)in Inline addition26, todelete the"3" damagesand awardedinsert: pursuant to subsection (1) of this section, the claimant may be entitled to the following:

(a)"4"; 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;

in line 27, following "claimant" in- sert:

"may be entitled to the following";