Chapter 235
2021 -- S 0672 AS AMENDED
Enacted 07/08/2021

A N   A C T
RELATING TO CRIMINAL PROCEDURE

Introduced By: Senators Coyne, Archambault, Lombardi, and McCaffrey

Date Introduced: March 18, 2021

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 that 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 that 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 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) In order to obtain a judgment in their favor, the claimant must prove by a 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) Claimant has been pardoned for the crime or crimes upon which claimant was sentenced,
and which that 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 claimant’s 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 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 these
services shall be through the department of probation and parole;
     (iii) Reasonable attorneys’ fees for bringing a claim under this chapter, not to exceed 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 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 was concurrently serving a sentence for a conviction of another crime for which
such the claimant was lawfully incarcerated.
     (e) The acceptance by a claimant of any such award, compromise, or settlement shall:
     (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 (July 8, 2021) 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 42 U.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 any sums paid to attorneys or for costs in litigation of the other civil action or obtaining
the settlement agreement. A reimbursement required under this subsection shall not exceed the
amount of the monetary award the claimant wins for damages in the other civil action or the amount
received in the settlement agreement.
     12-33-5. Funding.
     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 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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LC002387
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