92nd General Assembly
Summary of HB4415
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House Sponsors:
FLOWERS-HOWARD-DAVIS,MONIQUE.

Short description: 
COURT OF CLAIMS-PRISONERS                                                  

Synopsis of Bill as introduced:
        Amends the  Personnel  Code.   Establishes  a  preference  in  an      
   entrance  examination  of 5 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 must 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.  Effective immediately.                                            
          FISCAL NOTE (Court of Claims)                                        
          The Court currently pays claims for illegal incarceration that       
          have been adjudicated and awarded. To be eligible, the person        
          must have received a gubernatorial pardon. As of 12/31/01, the       
          maximum awards are: for imprisonment of 5 years or less,             
          $62,400 (HB 4415, $85,350), 5 to 14 years, $124,800 (HB 4415,        
          $170,700) and over 14 years, $145,600 (HB 4415, $199,150). The       
          fiscal impact of HB 4415 cannot be accurately determined             
          because the number of awards to be made in the future is             
          unknown. In FY 00, three claims were paid totaling $386,475;         
          FY 01, 2 claims for a total of $240,600; and FY 02, 1 claim of       
          $125,036.                                                            
          STATE MANDATES NOTE                                                  
          (Department of Commerce and Community Affairs)                       
          In the opinion of DCCA, HB 4415 does not meet the definition of      
          a State mandate under the State Mandates Act.                        
 
Last action on Bill: SESSION SINE DIE

   Last action date: JAN-07-2003

           Location: House

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


   END OF INQUIRY 



 Full Text  Bill Status