Committee approves amendments to raise wrongful-conviction compensation and restore expungement hearing language

Clerk Reed moved an amendment to House Bill 22 35 that would require legislative appropriation to a tort claims liability revolving fund to cover group health benefit costs for claimants and adjust language describing the state's liability under the Governmental Tort Claims Act. The committee accepted the amendment by unanimous consent.

Leader Munson, the bill sponsor, said the bill updates compensation for people wrongfully convicted. "House bill, 22 35 updates the, compensation for those who are wrongfully convicted from a cap of $175,000 to $50,000 per year for every year that they're incarcerated," Munson said. He described payment mechanics that include a lump sum of up to $1,000,000 and then remaining payments to be paid within three years. He said the measure is not retroactive and that compensation would only be paid if there is a wrongful conviction established.

The bill also restores a hearing process for certain expungement provisions on page 8, lines noted in committee discussion. Members asked why the hearing language was reintroduced after quieting that requirement in recent years; Munson acknowledged the language derives from prior work and said he would refine it as the bill moves forward.

Committee members pressed the sponsor about maximum exposure to the state per individual. Munson said he did not know the total exposure because it depends on the number of wrongful convictions and years incarcerated; a staff member later summarized elements of the compensation formula referenced in committee: a lump payment allowance up to $1,000,000 and a separate figure of $50,000 per year of incarceration.

After discussion the committee voted 6 yeas and 2 nays to report the bill out as do pass.