HB 820 -- Wrongful Imprisonment

Sponsor:  Thompson

This bill allows persons who are convicted and imprisoned for a
crime that they did not commit to file an action against the
State of Missouri.  The claimants must establish by clear and
convincing evidence that they were convicted, served at least
part of a prison term for the conviction, did not commit the
crime, did not bring about the conviction by their conduct, and
were released by the state.  Claimants must bring an action
within two years of being released from prison or within two
years of the bill's effective date if they have been released
within five years prior to the bill's effective date.  Claimants
may be awarded attorney fees and damages which do not exceed the
greater of twice the amount of the claimant's income in the year
prior to his incarceration or $20,000 for each year of
incarceration.  Persons who were mistakenly convicted and serving
a concurrent sentence for another crime are not eligible for
damages under the bill's provisions.

Missouri House of Representatives
92nd General Assembly, 2nd Regular Session
Last Updated September 23, 2004 at 11:13 am