90th General Assembly
Summary of HB2498
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House Sponsors:
FLOWERS.

Short description: 
COURT OF CLAIMS-PRISONERS                                                  

Synopsis of Bill as introduced:
        Amends the  Personnel  Code.   Establishes  a  preference  in          
   entrance examinations of 10 points for a qualified person who has been      
   wrongfully accused of a crime for which the person was imprisoned in a      
   State  prison  and  a  court  of competent jurisdiction finds that the      
   evidence that resulted in his or her conviction was erroneous or  that      
   new  evidence  indicates  that  the  person  did not commit the crime.      
   Amends the Court of Claims Act.   Provides  that  claims  against  the      
   State for time unjustly served in State prisons shall be automatically      
   heard  and  payment made within 120 days after the person who unjustly      
   served time is discharged from prison.  Provides that the claim may be      
   made if a court finds that the evidence that resulted in the  person's      
   conviction  was  erroneous  or  that  new  evidence indicates that the      
   person did not commit the crime for which he or she was convicted (now      
   only the issuance of a pardon  by  the  Governor  on  the  grounds  of      
   innocence  may  be  the  basis  of  a  claim).   Increases the maximum      
   statutory awards to a person released from  prison  because  of  these      
   factors.                                                                    
          FISCAL NOTE (Dpt. Central Management Services)                       
          HB2498 has minimal fiscal impact on DCMS.                            
          CORRECTIONAL NOTE                                                    
          There will be no corrections population or fiscal impact.            
          FISCAL NOTE, H-AM 2 (Court of Claims)                                
          Two recent awards under this statute were $140,350 each; there       
          are 5 illegal incarceration claims pending. Ultimate costs for       
          automatic consideration of wrongfully accused persons could run      
          in excess of $1,000,000. Increasing maximum awards would cost        
          between $25,000 and $60,000 for each case.                           
        HOUSE AMENDMENT NO. 2.                                                 
        Changes the preference in entrance examinations for  persons  who      
   have  been  unjustly  imprisoned  from  10  points  to 5 points.  Also      
   provides that the amount of the  award  for  a  person  who  has  been      
   unjustly imprisoned shall be at the discretion of the Court of Claims.      
 
Last action on Bill: SESSION SINE DIE

   Last action date: 99-01-12

           Location: House

 Amendments to Bill: AMENDMENTS ADOPTED: HOUSE -   1     SENATE -   0


   END OF INQUIRY 



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