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SENATE BILL NO. 909
A bill to amend 2016 PA 343, entitled
"Wrongful imprisonment compensation act,"
by amending sections 2, 4, 5, and 7 (MCL 691.1752, 691.1754,
691.1755, and 691.1757), section 7 as amended by 2020 PA 43.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 2. As used in this act: 1
(a) "Charges" means the criminal complaint filed against the 2
plaintiff by a county prosecutor or the attorney general on behalf 3
of the people of this state that resulted in the conviction and 4
imprisonment of the plaintiff that are the subject of the claim for 5
April 21, 2026, Introduced by Senators CHANG, DAMOOSE, IRWIN, SHINK, BAYER,
SANTANA, CAVANAGH and GEISS and referred to Committee on Civil Rights, Judiciary,
and Public Safety.
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compensation under this act. 1
(b) "Municipality" means a municipal corporation organized or 2
existing under the laws of this state, including a home rule city, 3
statutory city, village, or township. Municipality includes an 4
agency or department of the municipality and an officer of the 5
municipal corporation acting in an official capacity. Municipality 6
does not include a county, an agency or department of a county, or 7
a county official acting in an official capacity. 8
(c) (b) "New evidence" means any evidence that was not 9
presented in the proceedings leading to plaintiff's conviction, to 10
a trier of fact during a proceeding that determined guilt, 11
including new testimony, expert interpretation, the results of DNA 12
testing, or other test results relating to evidence that was 13
presented in the proceedings leading to plaintiff's conviction. to 14
a trier of fact when guilt was decided. New evidence does not 15
include a recantation by a witness unless there is other evidence 16
to support the recantation or unless the prosecuting attorney for 17
the county in which the plaintiff was convicted or, if the 18
department of attorney general prosecuted the case, the attorney 19
general agrees that the recantation constitutes new evidence 20
without other evidence to support the recantation. 21
(d) (c) "Plaintiff" means the individual making a claim for 22
compensation under this act. Plaintiff includes a trustee or 23
conservator for that individual if the individual is not competent 24
to act as plaintiff. Plaintiff does not include the estate of an a 25
deceased individual entitled to make a claim for compensation under 26
this act, the personal representative of the estate, or any heir, 27
devisee, beneficiary, or other person who is entitled under other 28
law to pursue a claim for damages, injury, or death suffered by the 29
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individual. 1
(e) (d) "State correctional facility" means a correctional 2
facility maintained and operated by the department of corrections. 3
(f) (e) "This For the purpose of state court actions related 4
to this act, "this state" means the state of Michigan and its 5
political subdivisions, and the agencies, departments, commissions, 6
and courts of this state and its political subdivisions. 7
Sec. 4. (1) In an action under this act, the plaintiff shall 8
attach to his or her verified complaint documentation that 9
establishes all of the following: 10
(a) The plaintiff was convicted of 1 or more crimes under the 11
law of this state, was sentenced to a term of imprisonment in a 12
state correctional facility for the crime or crimes, and served at 13
least part of the sentence. 14
(b) The plaintiff's judgment of conviction was reversed or 15
vacated and either the charges were dismissed or on retrial the 16
plaintiff was found to be not guilty. 17
(c) New evidence demonstrates that the plaintiff was not the 18
perpetrator of the crime or crimes and was not an accessory or 19
accomplice to the acts that were the basis of the conviction and 20
resulted in a reversal or vacation of the judgment of conviction, 21
dismissal of the charges, finding of not guilty, or gubernatorial 22
pardon.the facts that the plaintiff alleges entitle the plaintiff 23
to judgment under section 5. 24
(2) A complaint filed under this section must be verified by 25
the plaintiff. 26
(3) A copy of a complaint filed under this section must be 27
served on the attorney general and on the prosecuting attorney for 28
the county in which the plaintiff was convicted. The attorney 29
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general and the prosecuting attorney may answer and contest the 1
complaint. The prosecuting attorney shall file an appearance within 2
60 days if the prosecuting attorney wishes to participate further 3
in the action. 4
(4) An answer to a complaint filed under this section may be 5
served and filed not later than 60 days after service of the 6
complaint, with the opportunity to request additional time 7
extensions if there is a showing of good cause, in order for the 8
attorney general to determine whether compensation under this act 9
is appropriate before formal discovery begins. 10
(5) (4) If the plaintiff's conviction was for an assaultive 11
crime or a serious misdemeanor, the prosecuting attorney shall 12
notify the victim of the assaultive crime or serious misdemeanor of 13
the application in the same manner as is required for an 14
application to have a conviction set aside under section 22a or 77a 15
of the William Van Regenmorter crime victim's rights act, 1985 PA 16
87, MCL 780.772a and 780.827a. The prosecuting attorney shall give 17
the victim notice under this subsection by first-class mail sent to 18
the victim's last known address. The victim or victim's 19
representative has the right to appear at any proceeding under this 20
act concerning the complaint and to make a written or oral 21
statement. 22
(6) (5) The plaintiff, the attorney general, and the 23
prosecuting attorney for the county in which the plaintiff was 24
convicted may conduct discovery in an action under this act. 25
Discovery must not be conducted before the attorney general files 26
an answer. 27
Sec. 5. (1) In an action under this act, the plaintiff is 28
entitled to judgment in the plaintiff's favor if the plaintiff 29
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proves all of the following by clear and convincing a preponderance 1
of the evidence: 2
(a) The plaintiff was convicted of 1 or more crimes under the 3
law of this state, was sentenced to a term of imprisonment in a 4
state correctional facility for the crime or crimes, and served at 5
least part of the sentence, or was committed to a residential 6
mental health facility in relation to the conviction. 7
(b) One of the following: 8
(i) The plaintiff's judgment of conviction was reversed or 9
vacated and either the charges were dismissed or the plaintiff was 10
determined on retrial to be not guilty. However, the plaintiff is 11
not entitled to compensation under this act if the plaintiff was 12
convicted of another criminal offense arising from the same 13
transaction and either that offense was not dismissed or the 14
plaintiff was convicted of that offense on retrial. 15
(ii) The plaintiff received a gubernatorial pardon on the basis 16
of actual innocence for the crime for which the plaintiff was 17
incarcerated. 18
(c) One of the following: 19
(i) New evidence demonstrates that the plaintiff did not 20
perpetrate the crime and was not an accomplice or accessory to the 21
acts that were the basis of the conviction, results and the new 22
evidence either resulted in the reversal or vacation of the charges 23
in the judgment of conviction or resulted in a gubernatorial pardon 24
, and results in either dismissal of all of the charges or a 25
finding of not guilty on all of the charges on retrial.for the 26
crime for which the plaintiff was incarcerated. 27
(ii) The reversal or vacation of the judgment of conviction was 28
on the basis of insufficient evidence supporting the conviction, 29
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and the plaintiff did not perpetrate the crime and was not an 1
accomplice or accessory to the acts that were the basis of the 2
conviction. 3
(iii) New evidence was presented to the court that reversed or 4
vacated the plaintiff's conviction, but relief was granted on 5
another basis, and the new evidence demonstrates that the plaintiff 6
did not perpetrate the crime and was not an accomplice or accessory 7
to the acts that were the basis of the conviction. 8
(2) In determining whether the plaintiff has met his or her 9
burden under subsection (1) at any stage of the proceedings, 10
including at trial, the court may consider the following: 11
(a) The entire record of the plaintiff's criminal case, which 12
includes the lower court records, the plea or trial transcripts, 13
the appellate record, and the record of any postconviction 14
proceedings. 15
(b) Evidence that was seized or obtained in violation of the 16
Fourth Amendment of the United States Constitution or section 11 of 17
article I of the state constitution of 1963. 18
(3) In exercising its discretion regarding the weight and 19
credibility of the evidence presented by the parties, the court 20
shall give due consideration to the difficulties of proof caused by 21
the passage of time, the loss or destruction of evidence, the death 22
or unavailability of witnesses, and other factors not caused by the 23
parties. The court shall not find a witness incredible who 24
testified at the plaintiff's criminal trial or in post-trial 25
proceedings based solely on the fact that the witness is not 26
testifying at the trial held on the plaintiff's claim under this 27
act. 28
(4) (2) Subject to subsections (4) and (5), (6) and (7), if a 29
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court finds that a plaintiff was wrongfully convicted and 1
imprisoned, the court shall award compensation as follows: 2
(a) Fifty thousand dollars for each year, from the date 3
prorated as provided in this subdivision as appropriate, the 4
plaintiff was imprisoned, until the date the plaintiff was released 5
from prison, including time served in pretrial detention, 6
regardless of whether the plaintiff was released from imprisonment 7
on parole or because the maximum sentence was served. For 8
incarceration of less than a year in prison, this amount is 9
prorated to 1/365 of $50,000.00 for every day the plaintiff was 10
incarcerated. in prison. 11
(b) Reimbursement of any amount awarded and collected by this 12
state under the state correctional facility reimbursement act, 1935 13
PA 253, MCL 800.401 to 800.406. 14
(c) Reasonable attorney fees incurred in an action under this 15
act. All Both of the following apply to attorney fees under this 16
act: 17
(i) The court shall not award attorney fees unless the 18
plaintiff has actually paid the amount awarded to the attorney. 19
(ii) It is not necessary that the plaintiff pay the attorney 20
fees before an initial award under this act. The court may award 21
attorney fees on a motion brought after the initial award. 22
(i) (iii) The attorney fees must not exceed 10% of the total 23
amount awarded under subdivisions (a) and (b) or $50,000.00, 24
whichever is less, plus expenses. 25
(ii) (iv) An award of attorney fees under this act may not be 26
deducted from the compensation awarded the plaintiff, and the 27
plaintiff's attorney is not entitled to receive additional fees 28
from the plaintiff. 29
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(d) Standard annuity payments to compensate the plaintiff an 1
additional $50,000.00 for each year the plaintiff was imprisoned, 2
including time served in pretrial detention, prorated in the same 3
way as described in subdivision (a). All of the following apply to 4
annuity payments under this subdivision: 5
(i) The annuity payments must be payable in equal monthly 6
installments for the length of time the plaintiff was imprisoned, 7
including time served in pretrial detention. 8
(ii) The annuity payments must be based on a 5% per annum 9
interest rate and other actuarial factors within the discretion of 10
the department of treasury. 11
(iii) The annuity payments may not be accelerated, deferred, 12
increased, or decreased. 13
(iv) The plaintiff may not sell, mortgage, or otherwise 14
encumber or anticipate the payments, wholly or partly, by 15
assignment or otherwise. 16
(5) (3) An award under subsection (2) (4) is not subject to a 17
limit on the amount of damages except as stated in this act. 18
(6) (4) Compensation may not be awarded under subsection (2) 19
(4) for any time during which the plaintiff was imprisoned under a 20
concurrent or consecutive sentence for another conviction, whether 21
running before or after the sentence on the conviction that is the 22
basis of the claim. If the plaintiff was on parole for a prior 23
offense at the time of the wrongful conviction and parole was 24
revoked solely on the basis of the wrongful conviction, any 25
concurrent or consecutive sentence relating to the prior offense is 26
not covered by this subsection. 27
(7) (5) Compensation may not be awarded under subsection (2) 28
(4) for any injuries sustained by the plaintiff while imprisoned. 29
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The making of a claim or receipt of compensation under this act 1
does not preclude a claim or action for compensation because of 2
injuries sustained by the plaintiff while imprisoned. 3
(8) (6) In the discretion of the court, the total amount 4
awarded under subsection (2)(a) (4)(a) and (b) may be paid to the 5
plaintiff in a single payment or in multiple payments. If the court 6
orders the compensation to be paid in multiple payments, the 7
initial payment must be 20% of the total amount awarded or more and 8
the remainder of the payments must be made over not more than 10 9
years. 10
(9) (7) An award of compensation, or a compromise or 11
settlement of a claim, under this act is not a finding of 12
wrongdoing against anyone. An The granting or denial of a claim for 13
an award of compensation, or a compromise or settlement of a claim, 14
under this act is not admissible in evidence in a civil action that 15
is related to the investigation, prosecution, or conviction that 16
gave rise to the wrongful conviction or imprisonment. 17
(10) (8) The acceptance by the plaintiff of an award under 18
this act, or of a compromise or settlement of the claim, must be in 19
writing and, unless it is procured by fraud, is final and 20
conclusive on the plaintiff , constitutes a complete release of all 21
claims against this state, and is a complete bar to any action in 22
state court by the plaintiff against this state based on the same 23
subject matter. However, the acceptance by the plaintiff of an 24
award under this act, or of a compromise or settlement of the 25
plaintiff's claim, does not operate as a waiver of, or bar to, any 26
action and recovery in federal court against an a municipality or 27
individual alleged to have been involved in the investigation, 28
prosecution, or conviction that gave rise to the wrongful 29
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conviction or imprisonment. 1
(11) (9) A compensation award under subsection (2) (4), or 2
compensation under a compromise or settlement of a claim under this 3
act, may not be offset by any of the following: 4
(a) Expenses incurred by this state or any political 5
subdivision of this state, including, but not limited to, expenses 6
incurred to secure the plaintiff's custody or to feed, clothe, or 7
provide medical services for the plaintiff while imprisoned, 8
including expenses required to be collected under the state 9
correctional facility reimbursement act, 1935 PA 253, MCL 800.401 10
to 800.406. The attorney general is specifically excused from 11
complying with the state correctional facility reimbursement act, 12
1935 PA 253, MCL 800.401 to 800.406. 13
(b) The value of any services awarded to the plaintiff under 14
this section. 15
(c) The value of any reduction in fees for services awarded to 16
the plaintiff under this act. 17
(12) (10) An award under subsection (2) (4), or compensation 18
under a compromise or settlement of a claim under this act, is not 19
subject to income taxes. 20
(13) (11) A compensation award, or compensation under a 21
compromise or settlement of a claim, under this act is subject to 22
the payment of child support, including child support arrearages, 23
owed by the plaintiff. The plaintiff remains liable for any child 24
support or arrearage under the office of child support act, 1971 PA 25
174, MCL 400.231 to 400.240, and the support and parenting time 26
enforcement act, 1982 PA 295, MCL 552.601 to 552.650, except for 27
any child support or arrearage that erroneously accrued while the 28
plaintiff was imprisoned. Child support must be deducted from an 29
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award, or compensation under a compromise or settlement of a claim, 1
under this act before the plaintiff receives any of the money from 2
the award, compromise, or settlement. This subsection does not 3
affect any ongoing child support obligation of the plaintiff. 4
(14) (12) This act does not impair or limit the right of a 5
state or local government to collect a debt of a plaintiff from the 6
plaintiff's award of compensation, or compensation under a 7
compromise or settlement of a claim, under this act. 8
(15) (13) An award of compensation, or compensation under a 9
compromise or settlement of a claim, under this act is subject to 10
setoff or reimbursement for damages received directly by the 11
plaintiff that were obtained for the wrongful conviction or 12
imprisonment from any other person or political subdivision, after 13
the damage award is reduced for attorney fees. 14
(16) (14) If a court determines that a plaintiff was 15
wrongfully convicted and imprisoned, the court shall enter an order 16
that provides that any record of the arrest, fingerprints, 17
conviction, and sentence of the plaintiff related to the wrongful 18
conviction be expunged from the criminal history record. The 19
parties may stipulate to the entry of an order under this 20
subsection without an award of compensation under subsection (4)(a) 21
and (d). A document that is the subject of an order entered under 22
this subsection is exempt from disclosure under the freedom of 23
information act, 1976 PA 442, MCL 15.231 to 15.246. 24
Sec. 7. (1) An action for compensation under this act must be 25
commenced within 3 years after the entry of a verdict, order, or 26
judgment, or pardon as the result of an event described in section 27
4(1)(b). 5(1)(b). Any action by this state challenging or appealing 28
a verdict, order, or judgment entered as the result of an event 29
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described in section 4(1)(b) 5(1)(b) tolls the 3-year period. 1
(2) An individual convicted, imprisoned, and released from 2
custody before March 29, 2017 must commence an action under this 3
act within 18 months after the effective date of the 2020 4
amendatory act that amended this section.before September 3, 2021. 5
(3) An individual may, irrespective of any other provision of 6
this act, bring a claim within 18 months after the effective date 7
of the amendatory act that added this subsection, if the individual 8
can show that he or she qualifies for an award as a result of 9
section 5(1)(c)(ii). 10