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2010 SESSION

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HB 203 Wrongful incarceration; definition, compensation.

Introduced by: Kenneth C. Alexander | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED HOUSE:

Writ of actual innocence; available after parole or pardon. Provides that the statutory guidelines employed by the General Assembly for determining compensation of persons who have been wrongfully incarcerated also apply to a person granted a writ of actual innocence based on nonbiological evidence and a person who has been granted an absolute pardon for the commission of a crime that he did not commit.

SUMMARY AS INTRODUCED:

Writ of actual innocence; available after parole or pardon.  Emphasizes that the Supreme Court and the Court of Appeals have the authority to issue writs of actual innocence for persons who are not currently incarcerated because they have been released on parole or probation, granted a pardon, or otherwise released. The bill also provides that the statutory guidelines employed by the General Assembly for determining compensation of persons who have been wrongfully incarcerated also apply to a person granted a writ of actual innocence based on nonbiological evidence and a person who has been granted an absolute pardon for the commission of a crime that he did not commit.