Compensation for persons exonerated based on DNA.

WORKING DRAFT
2011
STATE OF
WYOMING
11LSO-0211.E1

HOUSE BILL
NO.
HB0040

Compensation for persons exonerated based on DNA.

Sponsored by:
Joint Judiciary Interim Committee

A BILL

for

AN ACT relating to criminal procedure; authorizing compensation for persons exonerated based on DNA testing; specifying conditions, requirements and limitations on authorized compensation; conforming provisions; and providing for an effective date.

Be It Enacted by the Legislature of the State of
Wyoming
:

S
ection 1
.

W.S. 7—12
‑
316 is created to read:

7
‑
12
‑
316.

Compensation.

(a)

A movant is eligible for compensation as provided in this section if:

(i)

The court entered an order of actual innocence and exoneration pursuant to W.S. 7
‑
12
‑
310(c) or (d);

(ii)

The movant has served in whole or in part a sentence of imprisonment for the conviction for which the order of actual innocence and exoneration was entered; and

(iii)

At the time of entry of the order of actual innocence and exoneration, the movant was not serving and had not been ordered to serve a concurrent or consecutive sentence of imprisonment for a separate conviction.

(
b)

Subject to the appropriation of funds by the legislature and other limitations of this section, a movant who meets the eligibility criteria in subsection (a) of this section shall be provided
c
ompensation in the amount of seventy
-
five dollars ($75.00) per day
while actually
incarcerated not to exceed three hundred thousand dollars ($300,000.00).

(c)

The department of administration and information shall administer the provision of compensation provided for in this section.

(d)

A movant who meets the eligibility criteria established in subsection (a) of this section may present an application not more than two (2) years from entry of the order of actual innocence and exoneration to the general services division of the
department of administration and information. If the department determines the movant is eligible for compensation under this section and the amount of the compensation under
subsection
(b)

of this section is equal to or less than thirty thousand dollars ($30,000.00), payment to the movant shall be made in a lump sum. If the movant is determined eligible for compensation under
subsection
(b)

of this section in excess of thirty thousand dollars ($30,000.00), the movant shall receive an initial payment of thirty thousand dollars ($30,000.00) and the remaining amount shall be provided by distributing funds appropriated for p
urposes of this section to the s
tate
t
reasurer to annuitize the remaining balance
. The annuity shall provide equal payments to the movant
of
t
hirty thousand dollars ($30,000.00) annually
until the balance has been paid.
The annuity shall provide that it shall not be sold, discounted, or used as securitization for loans or mortgages. The annuity may include a beneficiary designated by the movant who shall be a spouse or immediate family and shall provide for the annuity's continued disbursement to the beneficiary in the event of the movant's death
.
In the event the movant dies before the expiration of the two (2) year period for presenting an application, the movant's estate may present an application for the compensation which is authorized to be p
rovided under subsection (b)

of this section provided the application is presented within the time specified in
this
subsection
.
The estate shall not be eligible for compensation unless it complies with all provisions and requirements of this section which would have applied to the movant.

(e)

The number of days for which
compensation is provided under subsection (
b)
o
f this section shall be reduced proportionately for the number of days the movant's sentence of imprisonment was served concurrently with a sentence of imprisonment for a separate conviction.

(f)

A movant may not receive compensati
on if he has any action pending, has obtained a judgment or has settled an action or claim
against a governmental entity or an employee of any governmental entity involving the conviction for which the order of actual innocence and exoneration was entered.

(g)

Compensation to a movant may not be offset by any expenses incurred by a governmental entity, including expenses to secure custody of the movant and expenses to feed, clothe, house and provide medical care for the movant.

(h)

A movant who receives compensation may not bring any action against any governmental entity or an employee of any governmental entity involving the conviction for which the order of actual innocence and exoneration was entered.

(j
)

A movant shall not receive compensation unless the movant signs a release and waiver on behalf of himself and his heirs, successors and assigns, forever releasing all governmental entities and their employees in the employees' official and individual capacity from all present and future claims involving the conviction for which the order of actual innocence and exoneration was entered. The release shall provide that any payment to the movant does not constitute a waiver of sovereign immunity.

(k
)

The provisions of
the Wyoming
Administrative Procedure Act are not applicable to the grant or denial of compensation under this section
.

(m
)

The payment of compensation under this section does not constitute a waiver of sovereign immunity.

(n
)

A movant is not entitled to compensation unless
funds have been appropriated to the
department of administration and information to provide compensation authorized under this section.

Section 2.

W.S.

1
‑
39
‑
104
(a),
1
‑
39
‑
120
by creating a new subsection
(b)
and

7
‑
12
‑
303(a) by creating a new paragraph (iii) and by amending and renumbering (iii) as (iv)
are amended to read:

1
‑
39
‑
104.

Granting immunity from tort liability; liability on contracts; exceptions.

(a)

A governmental entity and its public employees while acting within the scope of duties are granted immunity from liability for any tort except as provided by W.S. 1
‑
39
‑
105 through 1
‑
39
‑
112 and limited by W.S. 1
‑
39
‑
121. Any immunity in actions based on a contract entered into by a governmental entity is waived except to the extent provided by the contract if the contract was within the powers granted to the entity and was properly executed and except as provided in W.S.

1
‑
39
‑
120(b) and
1
‑
39
‑
121. The claims procedures of W.S. 1
‑
39
‑
113 apply to contractual claims against governmental entities.

1
‑
39
‑
120.

Exclusions from waiver of immunity.

(b)

Notwithstanding the waiver of immunity for tort liability provided by W.S. 1
‑
39
‑
105 through 1
‑
39
‑
112 or the waiver of immunity in actions based on contract provided by W.S. 1
‑
39
‑
104, a governmental entity and its public employees while acting within the scope of duties are immune from a civil action in tort, contract or otherwise alleging, in whole or in part, improper
denial of compensation provided for in W.S. 7
‑
12
‑
316.

7
‑
12
‑
303.

New trial; motion for post
-
conviction testing of DNA; motion contents; sufficiency of allegations, consent to DNA sample; definitions
, compensation
.

(a)

As used in this act:

(iii)

"Governmental entity" means a governmental entity as defined by W.S. 1
‑
39
‑
103
;

(iii)
(iv)

"This act" means W.S. 7
‑
12
‑
302 through
7
‑
12
‑
315
7
‑
12
‑
316
.

Section 3.

This act is effective July 1, 2011.

(END)

1
HB0040