House Bill #5470 (2021)
AN ACT RELATING TO CRIMINAL PROCEDURE
Creates an action authorizing any person who has been sentenced to imprisonment greater than one year subsequent to being wrongfully convicted of a criminal offense to petition court for an award of compensation and damages, including attorneyâs fees.
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2021-02-10: Introduced, referred to House Judiciary
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2021-03-05: Scheduled for hearing and/or consideration (03/09/2021)
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2021-03-09: Committee recommended measure be held for further study
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2021-03-12: Scheduled for consideration (03/17/2021)
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2021-03-17: Committee recommends passage of Sub A
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2021-03-26: Placed on House Calendar (03/30/2021)
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2021-03-30: House passed Sub A
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2021-04-08: Referred to Senate Judiciary
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2021-06-25: Scheduled for consideration (06/28/2021)
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2021-06-26: Proposed Substitute
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2021-06-28: Committee recommends passage of Sub B
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2021-06-28: Placed on Senate Calendar (06/30/2021)
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2021-06-30: Senate passed Sub B
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2021-06-30: Placed on House Calendar (07/01/2021)
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2021-07-01: House passed Sub B in concurrence
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2021-07-06: Transmitted to Governor
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2021-07-08: Signed by Governor
Changes since original draft
2021 – H 5470- 2021 – H 5470 SUBSTITUTE B
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LC001471- LC001471/SUB B
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S TATE OF RHODE IS LAND IN GENERAL ASSEMBLY JANUARY SESSION, A.D. 2021 ____________ A N A C T RELATING TO CRIMINAL PROCEDURE Introduced By: Representatives Serpa,Amore,Ackerman, Nardone,McEntee,and Place- S T A T E O F R H O D E I S L A N D
- IN GENERAL ASSEMBLY
- JANUARY SESSION, A.D. 2021
- ____________
- A N A C T
- RELATING TO CRIMINAL PROCEDURE
- Introduced By: Representatives Serpa, Amore, Ackerman, Nardone, McEntee, and Place
- Date Introduced: February 10, 2021
- Referred To: House Judiciary
It is enacted by the GeneralAssembly as follows: SECTION 1. Title 12 of the GeneralLaws entitled "CRIMINALPROCEDURE"is hereby amended by adding thereto the following chapter: CHAPTER 33 CLAIMS FOR WRONGFUL CONVICTION AND IMPRISONMENT 12-33-1. Legislative intent. (a) The generalassembly finds thatinnocent persons who have been wrongfully convicted of crimes through no fault of their own have been uniquely victimized, and are deserving of consideration and remuneration for this miscarriage of justice. (b) For the purposes of this chapter, a "wrongful conviction" is a finding of guilt by a jury or judge, later proven incorrect, which results in incarceration for more than one year. 12-33-2. Statement of claim for compensation. (a) In order to present an actionable claim pursuant to this chapter, the claimant must establish by documentary evidence that: (1) Claimant has been convicted of one or more crimes and, as a result of the conviction, was sentenced to a term of imprisonment and has served allor part of said sentence; and (2) On grounds not inconsistent with innocence: (i) Claimant was pardoned of the crime or crimes upon which claimant was sentencedand which are the grounds for the complaint; (ii) The judgment of conviction was vacated; (iii) The judgment of conviction was reversed;- It is enacted by the General Assembly as follows:
- SECTION 1. Title 12 of the General Laws entitled "CRIMINAL PROCEDURE" is hereby amended by adding thereto the following chapter:
- CHAPTER 33
- CLAIMS FOR WRONGFUL CONVICTION AND IMPRISONMENT
- 12-33-1. Legislative intent.
- (a) The general assembly finds that innocent persons who have been wrongfully convicted of crimes through no fault of their own have been uniquely victimized, and are deserving of consideration and remuneration for this miscarriage of justice.
- (b) For the purposes of this chapter, a "wrongful conviction" is a finding of guilt by a jury or judge, later proven incorrect, which results in incarceration for more than one year.
- 12-33-2. Statement of claim for compensation.
- (a) In order to present an actionable claim pursuant to this chapter, the claimant must establish by documentary evidence that:
- (1) Claimant has been convicted of one or more crimes and, as a result of the conviction, was sentenced to a term of imprisonment and has served all or part of said sentence; and
- (2) On grounds not inconsistent with innocence:
- (i) Claimant was pardoned of the crime or crimes upon which claimant was sentenced and which are the grounds for the complaint; or
- (ii) The judgment of conviction was vacated for reasons other than the ineffective assistance of counsel; or
- (iii) The judgment of conviction was reversed for reasons other than the ineffective assistance of counsel; and
- (iv) The accusatory instrument was dismissed; and
- (3) The claim is not time-barred by the provisions of this chapter.
(b) The claims shall be verified by the claimant; and (c) If the court determines after an examination of the claim that the claimant has not alleged sufficient facts to succeedattrial it shall dismiss the claim, either on its own motion or on the state's motion.- (b)The claims shall be verified by the claimant; and
- (c) If the court determines after an examination of the claim that the claimant has not alleged sufficient facts to succeed at trial it shall dismiss the claim, either on its own motion or on the state's motion.
- 12-33-3. Presentation of claim.
- All claims of wrongful conviction and imprisonment under this chapter shall be presented to and heard by the presiding justice of the superior court.
- 12-33-4. Judgment and award.
(a)Inorder to obtain ajudgment in their favor,the claimant mustprove bya preponderance of the evidence that: (1) Claimant was convicted of one or more crimes, and subsequently sentencedto a term of imprisonment for more than one year, and has served allor any part of the sentence; and (i) Claimant has beenpardonedfor the crime or crimes upon which claimant wassentenced, and which are the grounds for the complaint; or (ii) Claimant's judgment of conviction was reversed or vacated and the accusatory instrument was dismissed; and- (a) In order toobtainajudgment intheirfavor,theclaimant must prove bya preponderance of the evidence that:
- (1) Claimant was convicted of one or more crimes, and subsequently sentenced to a term of imprisonment for more than one year, and has served all or any part of the sentence; and
- (i)Claimanthasbeenpardonedforthecrimeorcrimesuponwhichclaimantwassentenced, and which are the grounds for the complaint; or
- (ii) Claimant's judgment of conviction was reversed or vacated for reasons other than the ineffective assistance of counsel and the accusatory instrument was dismissed; and
- (2) Claimant did not commit any of the crimes charged in the accusatory instrument; and
- (3) Claimant did not commit or suborn perjury, or fabricate evidence to cause or bring about their own conviction.
- (4) Neither a confession nor an 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 subsection.
(b) If the court finds thatthe claimant was wrongfully convicted and incarceratedpursuant to this section the court shall grant: (1) An award for wrongfulconviction and incarceration calculated at fifty thousand dollars ($50,000) at the time of release and paid for each year served in a correctional facility. For incarceration of less than a year, this amount shall be prorated to one three hundred fifty-sixth (1/365) of fifty thousand dollars ($50,000) for every day served. The awardmay be expanded to include, at the discretion of the court, in the interest of justice: (i) Release from any child support payments owed the state by the claimant that became due, andinterest on child support arrearages thataccrued,duringthe time servedin prison but were LC001471 - Page 2of 5 not paid as well as reasonable attorneys' fees where legal proceedings are required to remedy outstanding obligations resulting from an order to pay child support; (ii) Access toandeligibility for any services provided by the state for offenders who have been adjudicated by the courts and are residing in the community. Coordination of said services shall be through the department of probation and parole; (iii) Reasonable attorneys'feesfor bringing aclaim under this chapter,not toexceedfifteen thousand dollars ($15,000). Any such fees granted shall not be deducted from the compensation due to the claimant, nor is counsel entitled to receive additional fees from the client. (c) No damages or amounts awarded pursuant to this chapter shallbe subject to:- (b) If the court finds that the claimant was wrongfully convicted and incarcerated pursuant to this section the court shall grant:
- (1) An award for wrongful conviction and incarceration calculated at fifty thousand dollars ($50,000) at the time of release and paid for each year served in a correctional facility. For incarceration of less than a year, this amount shall be prorated to one three hundred sixty fifth's (1/365) of fifty thousand dollars ($50,000) for every day served. The award may be expanded to include, at the discretion of the court, in the interest of justice:
- (i) Release from any child support payments owed the state by the claimant that became due, and interest on child support arrearages that accrued, during the time served in prison but were not paid as well as reasonable attorneys' fees where legal proceedings are required to remedy outstanding obligations resulting from an order to pay child support;
- (ii) Access to and eligibility for any services provided by the state for offenders who have been adjudicated by the courts and are residing in the community. Coordination of said services shall be through the department of probation and parole;
- (iii) Reasonableattorneys'feesfor bringinga claimunder this chapter,not toexceed fifteen thousand dollars ($15,000). Any such fees granted shall not be deducted from the compensation due to the claimant, nor is counsel entitled to receive additional fees from the client.
- (c) No damages or amounts awarded pursuant to this chapter shall be subject to:
- (1) Any cap or limit that may be applicable to private parties in civil lawsuits;
(2) Any taxes, except for those portions of the judgment awardedas attorneys' fees for bringing a claim under this chapter; or- (2) Any taxes, except for those portions of the judgment awarded as attorneys' fees for bringing a claim under this chapter; or
- (3) Treatment as gross income to a claimant under the provisions of title 44.
(d) The claimant shall not receive compensation for any period of incarceration during which the claimant wasconcurrently serving a sentencefor aconviction of another crime for which such claimant was lawfully incarcerated.- (d) The claimant shall not receive compensation for any period of incarceration during which the claimant was concurrentlyservinga sentencefor a conviction of another crime for which such claimant was lawfully incarcerated.
- (e) The acceptance by a claimant of any such award, compromise, or settlement shall:
(1) Be memorialized in writing; (2) Except when procured by fraud, be finaland conclusive on the claimant. (f) The court shall, upon determining that the claimant is entitled to compensation under this chapter, forward to the generaltreasurer aninventory and description of the award, including any attorneys' fees awarded, for disbursement. (g)(1) If at the time of the judgment entry referredto in subsection (b) of this section, the claimant has won a monetary awardon or after the effective date of this statute as the result of a federalcivil rights lawsuit under federalstatute 42 U.S.C. § 1983, the amount of the awardin the action or the amount received in the settlement agreement, less any sums paid to attorneys or for costs litigating the other civil action or obtaining the settlement agreement,shall be deducted from the sum of money to which the claimant is entitled under this section. (2) If subsection (g)(1) of this section does not apply andif, after the time of the judgment entry referredto in subsection (b) of this section, the claimant wins a monetary awardas the result of a federalcivil rights lawsuit under federalstatute 42 U.S.C.§1983, the claimant shall reimburse the state for the sum of money paid under the judgment entry referredto in subsection (b) of this section, less anysums paid toattorneys or for costsin litigation of theother civil action or obtaining the settlement agreement. A reimbursement required under this subsection shall not exceedthe LC001471 - Page 3of 5 amount of the monetaryawardthe claimant wins for damagesin the other civil action or the amount received in the settlement agreement.- (1) Be memorialized in writing, which shall include a provision, signed by the claimant, voluntarily relinquishing any and all rights to pursue any other action or remedy at law or in equity that such person may have arising out of such wrongful conviction and incarceration;
- (2) Except when procured by fraud, be final and conclusive on the claimant.
- (f) The court shall, upon determining that the claimant is entitled to compensation under this chapter, forward to the general treasurer an inventory and description of the award, including any attorneys' fees awarded, for disbursement.
- (g)(1) If at the time of the judgment entry referred to in subsection (b) of this section, the claimant has won a monetary award on or after the effective date of this statute as the result of a federal civil rights lawsuit under federal statute 42 U.S.C. § 1983, the amount of the award in the action or the amount received in the settlement agreement, less any sums paid to attorneys or for costs litigating the other civil action or obtaining the settlement agreement, shall be deducted from the sum of money to which the claimant is entitled under this section.
- (2) If subsection (g)(1) of this section does not apply and if, after the time of the judgment entry referred to in subsection (b) of this section, the claimant wins a monetary award as the result of a federal civil rights lawsuit under federal statute 42U.S.C. § 1983, the claimant shall reimburse the state for the sum of money paid under the judgment entry referred to in subsection (b) of this section,less anysums paidto attorneys orfor costsinlitigationoftheother civil action or obtaining the settlement agreement. A reimbursement required under this subsection shall not exceed the amount ofthemonetaryawardtheclaimant winsfor damages intheother civil action or the amount received in the settlement agreement.
- 12-33-5. Funding.
Any awards,amounts, or fees awardedpursuant to the provisions of this chapter shall, at the direction of the court be provided by the generaltreasurer from the generalfund.- Any awards, amounts, or fees awarded pursuant to the provisions of this chapter shall, at the direction of the court be provided by the general treasurer from the general fund.
- 12-33-6. Non-exclusivity.
The provisions of this chapter shall not be construed to prohibit a person who has been wrongfully convicted and incarceratedas a resultof the misfeasance or malfeasance on the partof the state or any of its political subdivisions from seeking compensation or relief pursuant to any other action or suit authorized by law. SECTION 2. This act shalltake effect upon passage.- The provisions of this chapter shall not be construed to prohibit a person who has been wrongfully convicted and incarcerated as a result of the misfeasance or malfeasance on the part of the state or any of its political subdivisions from seeking compensation or relief pursuant to any other action or suit authorized by law.
- 12-33-7. Limitations.
- Any person claiming compensation under this section based on a pardon that was granted or the vacated or reversed judgment of conviction that occurred before June 30, 2021, shall file such claim not later than three (3) years after June 30, 2021. Any person claiming compensation under this section based on a pardon that was granted or the vacated or reversed judgment of conviction on or after June 30, 2021, shall file such claim not later than three (3) years after the date of such pardon or the vacated or reversed judgment of conviction.
- SECTION 2. This act shall take effect upon passage.
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LC001471- LC001471/SUB B
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LC001471 - Page 4of 5 EXPLANATION BY THE LEGISLATIVE COUNCIL OF A N A C T RELATING TO CRIMINAL PROCEDURE *** This actwould create anaction atlaw authorizing any personwho has beensentencedtoa termof imprisonment greaterthanone yearsubsequentto being wrongfully convicted of acriminal offense to petition the presiding justice of the superior court for an award of compensation and damages, including attorneys' fees. This act would take effect upon passage. ======== LC001471 ======== LC001471 - Page 5of 5- EXPLANATION
- BY THE LEGISLATIVE COUNCIL
- OF
- A N A C T
- RELATING TO CRIMINAL PROCEDURE
- ***
- This act would create an action at law authorizing any person who has been sentenced to a term of imprisonment greater than one year subsequent to being wrongfully convicted of a criminal offense to petition the presiding justice of the superior court for an award of compensation and damages, including attorney's fees. Wrongful conviction would exclude reversals or pardons based on ineffectiveness of counsel. Any claimant whose conviction was reversed prior to June 30, 2021 would have three (3) years from that date to file a claim and all subsequent claimants would be limited to filing within three (3) years from the date of the reversal or pardon.
- This act would take effect upon passage. ======== LC001471/SUB B ========
Votes
NOTE: Electronic voting records are unofficial and may not be accurate. For an official vote tally, check the
House or Senate Journal from the day of the vote.
June 18, 2019 at 4:45pm
Yeas: 72 /
Nays: 0 /
Not voting: 3 /
Recused: 0
June 30, 2021 at 6:24pm
Yeas: 37 /
Nays: 0 /
Not voting: 1 /
Recused: 0