S.F. No. 0030

Compensation for persons exonerated based on DNA evidence.

Sponsored By: Joint Judiciary Interim Committee

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

12/18/2013 Bill Number Assigned

2/10/2014 S Received for Introduction

2/11/2014 S Introduced and Referred to S01

ROLL CALL

Ayes: Senator(s) Anderson, JD S02, Anderson, JL S28, Barnard, Bebout, Burns, Case, Christensen, Coe, Cooper, Craft, Dockstader, Driskill, Emerich, Esquibel, F., Geis, Hastert, Hicks, Hines, Johnson, Landen, Meier, Nicholas, P., Nutting, Perkins, Peterson, Ross, Rothfuss, Schiffer, Scott and Von Flatern

Ayes 30 Nays 0 Excused 0 Absent 0 Conflicts 0

2/14/2014 S01 Recommended Amend and Do Pass

ROLL CALL

Ayes: Senator(s) Burns, Christensen, Esquibel, F., Hicks and Schiffer

Ayes 5 Nays 0 Excused 0 Absent 0 Conflicts 0

2/14/2014 S Placed on General File

2/14/2014 S Rereferred to S02

2/18/2014 S02 Recommended Amend and Do Pass

ROLL CALL

Ayes: Senator(s) Bebout, Dockstader, Hastert, Meier and Perkins

Ayes 5 Nays 0 Excused 0 Absent 0 Conflicts 0

2/18/2014 S Placed on General File

SF0030SS001.01/ADOPTED (CORRECTED COPY)

Page 2-line 19 Delete "seventy-five dollars ($75.00)" insert "one hundred dollars ($100.00)".

Page 2-line 20 Delete "three hundred" insert "five hundred thousand dollars ($500,000.00).".

Page 2-line 21 Delete.

Page 3-line 8 Delete and insert "office of the attorney general".

Page 3-line 9 Delete "administration and information"; delete "department" insert "attorney general".

Page 3-line 13 Delete "thirty thousand dollars ($30,000.00)" insert "fifty thousand dollars ($50,000.00)".

Page 3-line 16 Delete "thirty thousand dollars ($30,000.00)" insert "fifty thousand dollars ($50,000.00)".

Page 3-line 17 Delete "thirty" insert "fifty thousand dollars ($50,000.00)".

Page 3-line 18 Delete through "($30,000.00)".

Page 3-line 22 Delete "thirty thousand dollars" insert "fifty thousand dollars ($50,000.00)".

Page 3-line 23 Delete "($30,000.00)". SCHIFFER, CHAIRMAN

SF0030SS001.02/FAILED (CORRECTED COPY)

Page 1-line 5 After "provisions;" insert "providing an appropriation;".

Page 8-after line 3 Insert and renumber:

"Section 2.  There is appropriated five hundred thousand dollars ($500,000.00) from the general fund to the treasurer's office. This appropriation shall be for the period beginning with the effective date of this act and ending June 30, 2016. This appropriation shall only be expended for the purpose of annuitized payments pursuant to W.S. 7‑12‑316(d). Notwithstanding any other provision of law, this appropriation shall not be transferred or expended for any other purpose and any unexpended, unobligated funds remaining from this appropriation shall revert as provided by law on June 30, 2016. This appropriation shall be included in the treasurer's 2017-2018 standard biennial budget request.".

Page 8-line 5 Delete "3" insert "4". SCHIFFER, CHAIRMAN

SF0030SS002/FAILED (CORRECTED COPY)

Page 2-lines 20 and 21 Delete the First Senate Standing Committee Amendment (SF0030SS001/A) to these lines. BEBOUT, CHAIRMAN

2/20/2014 S Laid Back Without Prejudice

SF0030SW001/ADOPTED

Page 1-line 5 After "provisions;" insert "providing an appropriation;".

Page 8-after line 3 Insert and renumber:

"Section 2.  There is appropriated five hundred thousand dollars ($500,000.00) from the general fund to the treasurer's office. This appropriation shall be for the period beginning with the effective date of this act and ending June 30, 2016. This appropriation shall only be expended for the purpose of annuitized payments pursuant to W.S. 7‑12‑316(d). Notwithstanding any other provision of law, this appropriation shall not be transferred or expended for any other purpose and any unexpended, unobligated funds remaining from this appropriation shall revert as provided by law on June 30, 2016. This appropriation shall be included in the treasurer's 2017-2018 standard biennial budget request.".

Page 8-line 5 Delete "3" insert "4". SCHIFFER

SF0030SW002/ADOPTED

Page 8-after line 3 In the Schiffer Committee of the Whole Amendment (SF0030SW001/A) to this line in Section 2 created by that amendment delete "five hundred thousand dollars ($500,000.00)" insert "three hundred thousand dollars ($300,000.00)". BEBOUT

2/21/2014 S Passed COW

2/24/2014 S Passed 2nd Reading

2/25/2014 S Passed 3rd Reading

ROLL CALL

Ayes: Senator(s) Anderson, JD S02, Burns, Case, Christensen, Coe, Cooper, Craft, Driskill, Emerich, Esquibel, F., Geis, Hastert, Hicks, Hines, Johnson, Landen, Meier, Nicholas, P., Nutting, Perkins, Peterson, Ross, Rothfuss, Schiffer, Scott and Von Flatern

Nays: Senator(s) Anderson, JL S28, Barnard, Bebout and Dockstader

Ayes 26 Nays 4 Excused 0 Absent 0 Conflicts 0

2/26/2014 H Received for Introduction

2/26/2014 H Introduced and Referred to H01

2/28/2014 H01 Recommended Amend and Do Pass

ROLL CALL

Ayes: Representative(s) Baker, Connolly, Gingery, Halverson, Kroeker, Krone, Miller, Walters and Watt

Ayes 9 Nays 0 Excused 0 Absent 0 Conflicts 0

2/28/2014 H Placed on General File

SF0030HS001/ADOPTED (TO ENGROSSED COPY)

Page 1-line 5 Delete "providing an".

Page 1-line 6 Delete "appropriation;".

Page 3-line 7 After "exoneration" insert ", regardless of whether the order of actual innocence and exoneration was entered before or after the effective date of this act,".

Page 4-line 1 After "movant" insert "." and delete balance of line.

Page 4-lines 2 and 3 Delete entirely.

Page 4-line 4 Delete line through "death.".

Page 4-line 6 After "estate" insert "or person claiming to be the distributee of the movant's property as established by affidavit pursuant to W.S. 2‑1‑201 or district court decree pursuant to W.S. 2‑1‑205".

Page 4-line 10 After "estate" insert "or distributee".

Page 4-line 11 Delete "it" insert "the estate or distributee".

Page 6-After line 7 Insert:

"(n)  An interest in payment of compensation under this section is not subject to execution or attachment by trustee process or otherwise, in law or equity, or under any other process whatsoever.".

Page 8-lines 5 through 17 Delete entirely.

Page 8-line 19 Delete "Section 4" insert "Section 3".  Gingery, Chairman

3/3/2014 H Passed COW

SF0030H2001/ADOPTED (TO ENGROSSED COPY)

Page 2-line 23 Delete "department of administration and information" insert "office of the attorney general".

Page 3-line 7 In the standing committee amendment (SF0030HS001/AE) to this line delete "the effective date of this act," insert "July 1, 2014,".

Page 6-line 5 Delete "department" insert "office of the attorney general".

Page 6-line 6 Delete "of administration and information". GINGERY

SF0030H2002/ADOPTED (TO ENGROSSED COPY)

Page 1-line 2 After "testing" insert "and found factually innocent".

Page 1-line 10 Delete "is" insert "and 7‑12‑317 are".

Page 2-line 7 After ";" delete "and".

Page 2-line 13 Delete "." insert "; and".

Page 2-After line 13 Insert:

"(iv)  The court entered findings of fact and conclusions of law establishing factual innocence of the original and related offenses under W.S. 7‑12‑317.".

Page 6-After line 7 After the standing committee amendment (SF0030HS001/AE) to this line insert:

"7‑12‑317. Establishment of factual innocence.

(a)  If the court entered an order of actual innocence and exoneration under W.S. 7‑12‑310, the movant shall be entitled to a hearing to determine whether the movant is factually innocent of the original and related offenses. If the movant files a motion under this section, the court shall conduct a review of all past criminal proceedings involving the movant's original conviction and any new evidence relevant to the movant's claim of factual innocence. If the court finds, by a preponderance of the evidence, that the movant is factually innocent of the original and related offenses, the court shall enter findings of fact and conclusions of law establishing the movant's factual innocence of the original and related offenses. The court shall enter a dispositive order within one hundred and fifty (150) days after the motion is filed.

(b)  For purposes of this section, factual innocence of original and related offenses means the movant did not:

(i)  Engage in conduct for which the movant was convicted;

(ii)  Engage in conduct in connection with the original offense for which the movant was convicted which would constitute a lesser included offense or another felony arising out of the same conduct; or

(iii)  Engage in any conduct which would constitute aiding and abetting, attempt or conspiracy to commit the offense for which the movant was originally convicted or any lesser included offense thereof.".

Page 8-line 3 Delete "7‑12‑316" insert "7‑12‑317". LUBNAU

SF0030H2003/FAILED (TO ENGROSSED COPY)

Page 1-line 5 After "provisions;" insert "specifying applicability;".

Page 2-line 20 Delete "five hundred thousand" insert "two hundred and fifty thousand dollars ($250,000.00)."

Page 2-line 21 Delete entirely.

Page 3-line 7 Delete the standing committee amendment (SF0030HS001/AE) and the Gingery second reading amendment (SF0030H2001/AE) to this line.

Page 8-After line 17 Insert:

"Section 4. The provisions of this act shall only apply if the order of actual innocence and exoneration entered pursuant to W.S. 7‑12‑310 was entered after the effective date of this act.". Renumber as necessary. NICHOLAS, B.

3/4/2014 H Passed 2nd Reading

SF0030H3001/ADOPTED (TO ENGROSSED COPY)

Page 8-after line 3 Insert:

"Section 3. There is appropriated five hundred thousand dollars ($500,000.00) from the general fund to an account within the auditor's office to be used for payments made pursuant to W.S. 7‑12‑316. Funds within the account shall be expended as directed by the attorney general in accordance with the provisions of W.S. 7‑12‑316. Notwithstanding any other provision of law, this appropriation shall not be transferred or expended for any other purpose. Notwithstanding W.S. 9‑2‑1008, 9‑2‑1012(e) and 9‑4‑207, any unexpended, unobligated funds remaining from this appropriation shall not revert until further action of the legislature. This appropriation shall not be included in the auditor's 2017-2018 standard biennial budget request."

Renumber as necessary. GINGERY

SF0030H3002/ADOPTED (TO ENGROSSED COPY)

Page 1-line 5 After ";" insert "providing for stay of order of expungement as specified;".

Page 6-After line 7 Delete subsection (a) created by the Lubnau second reading amendment (SF0030H2002/AE) to this line and insert:

"(a)  If the court entered an order of actual innocence and exoneration under W.S. 7‑12‑310, the movant shall be entitled to a hearing to determine whether the movant is factually innocent if the movant files a request for the hearing within sixty (60) days after entry of an order the order of actual innocence and exoneration. If a request for a factual innocence hearing is timely filed, the court shall conduct a review of all past criminal proceedings involving the movant's original conviction and any new evidence relevant to the movant's claim of factual innocence. If the court finds, by a preponderance of the evidence, that the movant is factually innocent of the original and related offenses, the court shall enter findings of fact and conclusions of law establishing the movant's factual innocence of the original and related offenses. The court shall enter a dispositive order within one hundred and fifty (150) days after the motion for a factual innocence hearing is filed.".

Page 6-line 10 Delete "and" insert ",".

Page 6-line 12 After "(iv)" insert "and 7‑12‑310 by creating new subsections (e) and (f)".

Page 7-After line 14 Insert:

"7‑12‑310. Order following testing.

(e)  Subject to subsection (f) of this section, any order of expungement entered pursuant to this section shall be stayed until the later of the following:

(i)  If the movant has applied for compensation under W.S. 7‑12‑316, until a dispositive order is entered under W.S. 7‑12‑317 and the time for appeal has expired or, if appealed, upon issuance of a final order or mandate by the Wyoming Supreme Court; or

(ii)  The time for applying for compensation under W.S. 7‑12‑316 has expired.

(f)  An order of expungement pursuant to this section shall not be subject to the provisions of subsection (e) of this section if the movant waives all eligibility to receive compensation under W.S. 7‑12‑316. The waiver shall be filed with the court issuing the order of actual innocence and exoneration.". NICHOLAS, B.

3/5/2014 H Passed 3rd Reading

ROLL CALL

Ayes: Representative(s) Baker, Barlow, Berger, Blake, Blevins, Blikre, Brown, Burkhart, Byrd, Campbell, Cannady, Coleman, Connolly, Esquibel, K., Filer, Freeman, Gingery, Goggles, Greear, Greene, Halverson, Harshman, Harvey, Hunt, Hutchings, Jaggi, Kasperik, Kirkbride, Kroeker, Krone, Larsen, Lockhart, Loucks, Lubnau, Madden, Mader, McKim, Miller, Moniz, Nicholas, B., Northrup, Patton, Paxton, Petroff, Piiparinen, Semlek, Sommers, Stubson, Teeters, Throne, Walters, Watt, Wilson, Winters, Zwonitzer, Dn. and Zwonitzer, Dv.

Nays: Representative(s) Davison, Eklund, Gay and Reeder

Ayes 56 Nays 4 Excused 0 Absent 0 Conflicts 0

3/5/2014 S Received for Concurrence

3/5/2014 S Did Not Concur

ROLL CALL

Nays: Senator(s) Anderson, JD S02, Anderson, JL S28, Barnard, Bebout, Burns, Case, Christensen, Coe, Cooper, Craft, Dockstader, Driskill, Emerich, Esquibel, F., Geis, Hastert, Hicks, Hines, Johnson, Landen, Meier, Nicholas, P., Nutting, Perkins, Peterson, Ross, Rothfuss, Schiffer, Scott and Von Flatern

Ayes 0 Nays 30 Excused 0 Absent 0 Conflicts 0

3/5/2014 S Appointed JCC01 Members

Senator(s) Schiffer, Hicks, Perkins

3/6/2014 S Indefinitely Postponed

3/6/2014 H Appointed JCC01 Members

Representative(s) Gingery, Nicholas, B., Stubson