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Legislative Update

Burden of proof for exoneration payments

February 11, 2022 Filed Under: Criminal

The Senate Corrections and Criminal Law Committee heard HB 1283 on burden of proof for exoneration payments sponsored by Sen. M. Young and Sen. Mishler.The author, Rep. Steuerwald, introduced the bill whichprovides that a person applying to the Indiana Criminal Justice Institute seeking compensation for wrongful incarceration must prove that he or she is actually innocent by a preponderance of the evidence.

The bill was amended by consent to clarify that exoneration payments are suspended to persons charged with, or convicted, of a crime.         

The Indiana Criminal Justice Institute testified in support of the bill. The State Public Defender’s Office testified in support of the bill but in opposition to the amendment. The amended bill passed 4-3. 

Read the bill at: http://iga.in.gov/legislative/2022/bills/house/1283

Filed Under: Criminal Tagged With: Criminal Justice Institute

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