IN HB1150 | 2019 | Regular Session

Status

Completed Legislative Action
Spectrum: Slight Partisan Bill (Republican 7-4)
Status: Passed on May 1 2019 - 100% progression
Action: 2019-05-01 - Public Law 165
Text: Latest bill text (Enrolled) [PDF]

Summary

Monetary awards for exonerated prisoners. Defines "actually innocent" and specifies that a person whose conviction has been vacated and is actually innocent is entitled to compensation in the amount of $50,000 for each year that the person was wrongfully incarcerated in the department of correction or a county jail, subject to certain conditions. Establishes the exoneration fund (fund). Specifies that the criminal justice institute shall administer the fund and receive and process claims for compensation from the fund. Establishes a statute of limitations. Specifies fund eligibility requirements. Provides that a person's: (1) eligibility for; or (2) receipt of; proceeds from the exoneration fund does not prevent the person from applying for, enrolling in, or receiving the benefit of certain treatments, programs, or services if the person is otherwise eligible to receive the desired treatment or participate in the desired program or service. Provides that a person is not entitled to compensation in connection with the wrongful conviction: (1) if the person has previously received an award of damages in connection with the conviction; (2) while the person has a pending case; or (3) if the person does not execute a waiver. Specifies that the criminal justice institute may pay compensation only to the wrongfully incarcerated individual or to a guardian on behalf of the individual, and not to: (1) an estate; (2) a fiduciary; (3) a trust; or (4) an assignee; of the individual. Specifies that compensation from the fund is paid in equal sums over a five year period. Allows a person to appeal an adverse fund eligibility determination.

Tracking Information

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Title

Monetary awards for exonerated prisoners. Defines "actually innocent" and specifies that a person whose conviction has been vacated and is actually innocent is entitled to compensation in the amount of $50,000 for each year that the person was wrongfully incarcerated in the department of correction or a county jail, subject to certain conditions. Establishes the exoneration fund (fund). Specifies that the criminal justice institute shall administer the fund and receive and process claims for compensation from the fund. Establishes a statute of limitations. Specifies fund eligibility requirements. Provides that a person's: (1) eligibility for; or (2) receipt of; proceeds from the exoneration fund does not prevent the person from applying for, enrolling in, or receiving the benefit of certain treatments, programs, or services if the person is otherwise eligible to receive the desired treatment or participate in the desired program or service. Provides that a person is not entitled to compensation in connection with the wrongful conviction: (1) if the person has previously received an award of damages in connection with the conviction; (2) while the person has a pending case; or (3) if the person does not execute a waiver. Specifies that the criminal justice institute may pay compensation only to the wrongfully incarcerated individual or to a guardian on behalf of the individual, and not to: (1) an estate; (2) a fiduciary; (3) a trust; or (4) an assignee; of the individual. Specifies that compensation from the fund is paid in equal sums over a five year period. Allows a person to appeal an adverse fund eligibility determination.

Sponsors


Roll Calls

2019-04-17 - House - House - House concurred in Senate amendments (Y: 88 N: 2 NV: 0 Abs: 10) [PASS]
2019-04-11 - Senate - Senate - Third reading (Y: 48 N: 0 NV: 0 Abs: 2) [PASS]
2019-03-28 - Senate - Senate - Committee Vote (Y: 10 N: 2 NV: 0 Abs: 0) [PASS]
2019-03-19 - Senate - Senate - Committee Vote (Y: 7 N: 0 NV: 0 Abs: 0) [PASS]
2019-02-19 - House - Third reading (Y: 96 N: 0 NV: 2 Abs: 2) [PASS]
2019-01-31 - House - House - Committee Vote (Y: 23 N: 0 NV: 0 Abs: 1) [PASS]
2019-01-23 - House - House - Committee Vote (Y: 13 N: 0 NV: 0 Abs: 0) [PASS]

History

DateChamberAction
2019-05-01HousePublic Law 165
2019-05-01HouseSigned by the Governor
2019-04-29SenateSigned by the President of the Senate
2019-04-24SenateSigned by the President Pro Tempore
2019-04-24HouseSigned by the Speaker
2019-04-17HouseHouse concurred in Senate amendments; Roll Call 543: yeas 88, nays 2
2019-04-17HouseMotion to concur filed
2019-04-12SenateReturned to the House with amendments
2019-04-11SenateThird reading: passed; Roll Call 439: yeas 48, nays 0
2019-04-09SenateAmendment #5 (Young M) prevailed; voice vote
2019-04-09SenateAmendment #2 (Young M) prevailed; voice vote
2019-04-09SenateSecond reading: amended, ordered engrossed
2019-04-01SenateSenators Brown L and Tallian added as cosponsors
2019-03-28SenateCommittee report: do pass, adopted
2019-03-19SenateCommittee report: amend do pass adopted; reassigned to Committee on Appropriations
2019-03-11SenateSenator Randolph added as cosponsor
2019-02-27SenateFirst reading: referred to Committee on Corrections and Criminal Law
2019-02-20HouseReferred to the Senate
2019-02-19HouseCosponsor: Senator Taylor G
2019-02-19HouseSenate sponsors: Senators Young M, Mishler and Freeman
2019-02-19HouseThird reading: passed; Roll Call 212: yeas 96, nays 0
2019-02-18HouseAmendment #3 (Steuerwald) prevailed; voice vote
2019-02-18HouseSecond reading: amended, ordered engrossed
2019-02-04HouseCommittee report: amend do pass, adopted
2019-01-24HouseReferred to the Committee on Ways and Means pursuant to House Rule 127
2019-01-24HouseCommittee report: amend do pass, adopted
2019-01-07HouseFirst reading: referred to Committee on Courts and Criminal Code
2019-01-07HouseCoauthored by Representatives Porter, Thompson and Smaltz
2019-01-07HouseAuthored by Representative Steuerwald

Indiana State Sources

TypeSource
Summaryhttps://iga.in.gov/legislative/2019/bills/house/1150/details
Texthttp://iga.in.gov/static-documents/a/6/5/3/a6530822/HB1150.01.INTR.pdf
Texthttp://iga.in.gov/static-documents/e/a/0/4/ea0456bb/HB1150.01.INTR.pdf
Texthttp://iga.in.gov/static-documents/f/f/1/9/ff19db28/HB1150.02.COMH.pdf
Texthttp://iga.in.gov/static-documents/d/3/0/3/d303c52d/HB1150.02.COMH.pdf
Texthttp://iga.in.gov/static-documents/8/0/9/9/80998e2c/HB1150.03.COMH.pdf
Texthttp://iga.in.gov/static-documents/9/6/4/9/96492d9e/HB1150.03.COMH.pdf
Texthttp://iga.in.gov/static-documents/d/0/f/6/d0f62b0d/HB1150.04.ENGH.pdf
Texthttp://iga.in.gov/static-documents/5/f/4/5/5f4585c2/HB1150.04.ENGH.pdf
Texthttp://iga.in.gov/static-documents/c/2/8/0/c280f6b2/HB1150.05.COMS.pdf
Texthttp://iga.in.gov/static-documents/c/b/5/4/cb541cbb/HB1150.05.COMS.pdf
Texthttp://iga.in.gov/static-documents/6/0/7/3/6073e688/HB1150.06.COMS.pdf
Texthttp://iga.in.gov/static-documents/e/5/9/e/e59ec26b/HB1150.06.COMS.pdf
Texthttp://iga.in.gov/static-documents/3/3/1/2/3312fac8/HB1150.07.ENGS.pdf
Texthttp://iga.in.gov/static-documents/2/b/0/b/2b0b46d6/HB1150.07.ENGS.pdf
Texthttp://iga.in.gov/static-documents/1/9/6/3/1963a56e/HB1150.08.ENRS.pdf
Roll Callhttp://iga.in.gov/static-documents/c/d/c/5/cdc5f1d7/HB1150.01.INTR.01.pdf
Roll Callhttp://iga.in.gov/static-documents/8/7/2/f/872fa3c8/HB1150.02.COMH.00.pdf
Roll Callhttp://iga.in.gov/static-documents/7/3/f/6/73f63baa/HB1150.212.pdf
Roll Callhttp://iga.in.gov/static-documents/3/a/6/6/3a66a984/HB1150.04.ENGH.00.pdf
Roll Callhttp://iga.in.gov/static-documents/c/b/6/1/cb61cee1/HB1150.05.COMS.00.pdf
Roll Callhttp://iga.in.gov/static-documents/7/9/7/f/797f9665/HB1150.439.pdf
Roll Callhttp://iga.in.gov/static-documents/b/0/7/b/b07b6043/HB1150.543.pdf

Bill Comments

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