.................... moves to amend H.F. No. 2925 as follows:
Delete everything after the enacting clause and insert:
"Section 1. Minnesota Statutes 2012, section 590.01, is amended by adding a
subdivision to read:
1.5 Subd. 3a. Order regarding eligibility for compensation based on exoneration.
1.6(a) This subdivision applies to petitions based on innocence when the court vacates or
1.7reverses the judgment of conviction based on innocence, or orders a new trial because
1.8of new evidence of innocence and the state dismisses the charges or the defendant was
1.9found not guilty.
1.10(b) Upon motion of the petitioner or defendant or upon its own motion, the court
1.11shall determine whether the petitioner or defendant is entitled to a claim for compensation
1.12based on the elements under section 611.362, subdivision 1. If the court determines that
1.13the person is eligible, the court shall issue an order containing its finding and notify
1.14the petitioner or defendant of the right to file a claim for compensation under sections
1.15611.362 to 611.369 and provide the person with a copy of those sections. The person
1.16must acknowledge receipt of the notice and a copy of those sections in writing or on the
1.17record before the court.
Sec. 2. Minnesota Statutes 2012, section 609A.02, subdivision 3, is amended to read:
Subd. 3. Certain criminal proceedings
not resulting in conviction resolved in
1.20favor of defendant. (a)
A petition may be filed under section
to seal all records
relating to an arrest, indictment or information, trial, or verdict if the records are not
subject to section
299C.11, subdivision 1
, paragraph (b), and if all pending actions or
proceedings were resolved in favor of the petitioner. For purposes of this chapter, a verdict
of not guilty by reason of mental illness is not a resolution in favor of the petitioner.
2.1(b) For the purposes of this chapter, an action or proceeding is resolved in favor of
2.2the petitioner, if the petitioner was granted an order for relief based on innocence under
Sec. 3. [611.362] CLAIM FOR COMPENSATION FOR A PERSON WHO IS
2.6 Subdivision 1. Elements. (a) For purposes of issuing an order under section 590.01,
2.7subdivision 3a, and awarding damages under sections 611.362 to 611.369, a claim for
2.8compensation arises if:
2.9(1) a person has been convicted of a crime and served any part of the imposed
2.10sentence in prison;
2.11(2) in cases where the person was convicted of multiple charges arising out of the
2.12same behavioral incident, the person was exonerated based on innocence for all of those
2.14(3) the person did not commit or induce another person to commit perjury, or
2.15fabricate evidence to cause or bring about the conviction; and
2.16(4) the person was not serving a term of imprisonment for another crime at the same
2.17time, provided that if the person served additional time in prison due to the conviction that
2.18is the basis of the claim, the person may make a claim for that portion of time served in
2.19prison during which the person was serving no other sentence.
2.20(b) A claimant may make a claim only for that portion of time served in prison
2.21during which they were serving no other sentence.
2.22(c) A confession or admission later found to be false or a guilty plea to a crime the
2.23claimant did not commit does not constitute bringing about the claimant's conviction
2.24for purposes of paragraph (a), clause (3).
2.25 Subd. 2. Respondent; filing requirement. The state must be named as the
2.26respondent. A claimant shall serve the claim and all documents on the state through
2.27the Office of Minnesota Management and Budget and file the claim with the Supreme
2.28Court. The claim must include a copy of the order from the district court under section
2.29590.01, subdivision 3a.
2.30 Subd. 3. Agent for claimant. If the person entitled to file a claim is incapacitated
2.31and incapable of filing the claim or is a minor or nonresident of the state, the claim may be
2.32filed on behalf of the claimant by a court-appointed guardian, the parent or guardian of
2.33a minor, or an authorized agent.
2.34 Subd. 4. Statute of limitations. A claimant may commence a claim under this
2.35section within two years after the date the person is exonerated, provided that if the person
3.1does not receive the notice required under section 590.01, subdivision 3a, the person may
3.2commence a claim within three years of that date. An action by the state challenging or
3.3appealing the grant of judicial relief to the claimant tolls the two-year period. Persons
3.4released from custody on grounds consistent with innocence before the effective date of this
3.5section may commence an action under this section within two years of the effective date.
Sec. 4. [611.363] COMPENSATION PANEL.
3.7 Subdivision 1. Appointment. Within 30 business days after the claim is filed with
3.8the Supreme Court, the chief justice of the Supreme Court shall appoint a compensation
3.9panel of three attorneys or judges who are responsible for determining the amount of
3.10damages to be awarded. Members of the panel must have experience in legal issues
3.11involving the settlement of tort claims and the determination of damages or criminal
3.12justice and sentencing.
3.13 Subd. 2. Compensation of panel members. Members of the panel are entitled to
3.14the compensation authorized for members of boards under section 15.0575, subdivision 3.
3.15 Subd. 3. Payment of expenses. The state court administrator shall forward
3.16documentation of expenses and administrative costs of the panel to the commissioner of
3.17management and budget for payment of those amounts from appropriations available
3.18for this purpose.
Sec. 5. [611.364] PREHEARING SETTLEMENTS AND HEARING.
3.20 Subdivision 1. Prehearing settlements. The panel may set a prehearing settlement
3.21conference date. At this conference, the parties must make a good faith attempt to reach a
3.22settlement in the case. If the parties agree, they may present the panel with a joint motion
3.23for summary disposition and no further hearings are required. If a settlement document is
3.24approved by the panel, it has the same effect as an award under section 611.365, for all
3.25purposes of that section.
3.26 Subd. 2. Hearing. (a) If the parties are unable to reach a settlement, the panel must
3.27hold an evidentiary hearing and consider any evidence and argument submitted by the
3.28parties, including affidavits, documentation, and oral and written arguments. The panel is
3.29bound by any fact or damage amount established by the stipulation of the parties.
3.30(b) Hearings and records relating to the hearing are open to the public, except where,
3.31in the interest of justice, the panel orders a hearing closed or a record sealed.
Sec. 6. [611.365] DAMAGES.
4.1 Subdivision 1. General. A claimant is entitled to the damages provided for in
4.3 Subd. 2. Monetary damages; attorney fees. (a) A claimant is entitled to not less
4.4than $50,000 for each year of imprisonment, and not less than $25,000 for each year
4.5served on supervised release or as a registered sex offender, to be prorated for partial years
4.6served. In addition, the claimant must be reimbursed for all restitution, assessments, fees,
4.7court costs, and other sums paid by the claimant as required by the judgment and sentence.
4.8In calculating additional monetary damages, the panel shall consider:
4.9(1) economic damages, including reasonable attorney fees, lost wages, reimbursement
4.10for costs associated with the claimant's criminal defense, and efforts to prove innocence;
4.11(2) reimbursement for medical and dental expenses that the claimant already incurred
4.12and future unpaid expenses expected to be incurred related to the claimant's imprisonment;
4.13(3) noneconomic damages for personal physical injuries or sickness and any
4.14nonphysical injuries or sickness incurred during or as a result of imprisonment;
4.15(4) reimbursement for any tuition and fees paid for each semester successfully
4.16completed by the claimant in an educational program, up to the equivalent value of a
4.17four-year degree at a public university, and reasonable reimbursement for employment
4.18skills and development training for the claimant as well as future unpaid costs for education
4.19and training not to exceed the anticipated cost of a four-year degree at a public university;
4.20(5) reimbursement for paid or unpaid child support payments owed by the claimant
4.21that became due, and interest on child support arrearages that accrued, during the time
4.22served in prison; and
4.23(6) reimbursement for paid or unpaid reintegrative expenses, if not provided for
4.24under section 611.367, for any reasonable costs incurred by the claimant for immediate
4.25services secured upon exoneration and release, including housing, transportation and
4.26subsistence, reintegrative services, and psychological, physical, and dental health care
4.27costs incurred by the claimant for the time period between release from wrongful
4.28imprisonment and the date of an award of damages under this section.
4.29(b) The panel shall award the claimant reasonable attorney fees incurred in bringing
4.30a claim under sections 611.362 to 611.369 and in obtaining an order of eligibility for
4.31compensation based on exoneration under chapter 590.
4.32 Subd. 3. No limit. There is no limit on the amount of damages that may be awarded
4.33under this section.
4.34 Subd. 4. Notice and acceptance of award. A claimant who is awarded damages
4.35under this section must be provided with a written notice of the award. A claimant's
5.1acceptance of an award, compromise, or settlement must be in writing and is final and
5.2conclusive on the claimant.
5.3 Subd. 5. Subsequent damage awards. Any future damages awarded to the
5.4claimant resulting from an action by the claimant against the state or a political subdivision
5.5of this state based on the same subject must be offset by the damage award received
5.6under this section.
5.7 Subd. 6. No offsets. The damage award must not be offset by:
5.8(1) any expenses incurred by the state or any political subdivision of the state,
5.9including expenses incurred to secure the claimant's custody or to feed, clothe, or provide
5.10medical services for the claimant; or
5.11(2) the value of any services or reduction in fees for services, or the value of services
5.12to be provided to the claimant that may be awarded to the claimant under this section.
Sec. 7. [611.366] JUDICIAL REVIEW.
5.14A party aggrieved by an award of damages under section 611.365 is entitled
5.15to judicial review of the decision as provided in sections 14.63 to 14.69; however,
5.16proceedings on a complaint filed under this section are not a contested case within the
5.17meaning of chapter 14 and are not otherwise governed by chapter 14.
Sec. 8. [611.367] IMMEDIATE SERVICES.
5.19 Subdivision 1. Eligibility. Upon order by the district court releasing a defendant
5.20from prison based on innocence under section 590.01, the commissioner of corrections
5.21shall provide the services described in subdivision 2 for up to two years.
5.22 Subd. 2. Services. The commissioner must provide eligible claimants with basic
5.23services upon release, including: housing; vocational training; transportation; monetary
5.24assistance; reintegrative services; and psychological, physical, and dental health care. The
5.25need for these services must be determined through a review by the appropriate staff at
5.26the Department of Corrections in consultation with county social services for the county
5.27where the claimant will reside.
5.28 Subd. 3. Reimbursement for services. A claimant bringing an action for damages
5.29under section 611.365 may not receive reimbursement for any services provided at no
5.30cost to the claimant under subdivision 2.
Sec. 9. [611.368] COMPENSATING EXONERATED PERSONS;
6.1The compensation panel established in section 611.363 shall forward a final award
6.2of damages under section 611.365 to the commissioner of management and budget for
6.3payment of that amount from appropriations available for this purpose. To the extent
6.4available appropriations are insufficient, the attorney general shall include this amount in a
6.5budget request submitted to the legislature during the next legislative session.
Sec. 10. [611.369] SHORT TITLE.
6.7Sections 611.362 to 611.369 shall be cited as the Imprisonment and Exoneration
Amend the title accordingly