Amendment #20 to H4011
Wrongful Conviction Compensation
Mr. Roy of Franklin moves to amend the amendment by inserting after section 106 the following 11 sections:-
“SECTION 107A. Section 1 of chapter 258D of the General Laws, as so appearing, is hereby amended by striking out, in line 10, the words “which tend to establish” and inserting in place thereof the following words:- consistent with.
SECTION 107B. Subsection C of section 1 of said chapter 258D, as so appearing, is amended by striking out, in line 23, the words "clear and convincing" and inserting in place thereof the following words:- a preponderance of the.
SECTION 107C. Said section 1 of said chapter 258D, as so appearing, is hereby further amended by adding the following subsection:- (G) A claimant shall be entitled to entitled to reintegrative relief under Section 5 (E) upon proof that he meets the eligibility requirements set forth in Section 1(B) and Section 1(C) (i)-(v).
SECTION 107D. Section 3 of said chapter 258D, as so appearing, is hereby amended by inserting after the second sentence the following sentences:-
The case shall be designated as Fast Track on the Civil Action Cover Sheet. Upon motion of the claimant, for good cause, the proceeding may be advanced for expedited discovery and a speedy trial so that it may be heard and determined with as little delay as possible.
SECTION 107E. Section 5(A) of said chapter 258D, as so appearing, is hereby amended by striking out the fourth to sixth sentences, inclusive, and inserting in place thereof the following sentence:- The court may include, as part of its judgment against the commonwealth, an order requiring the commonwealth to provide the claimant with services that are reasonable and necessary to address any deficiencies in the individual's physical and emotional condition and waive tuition and fees for the claimant for any educational services from a state or community college in the commonwealth including, but not limited to, the University of Massachusetts at Amherst and its satellite campuses.
SECTION 107F. Section 5(A) of said chapter 258D, as so appearing, is hereby further amended by striking out at lines 42-46 the ninth sentence.
SECTION 107G. Section 5 of said chapter 258D, as so appearing, is hereby further amended by adding the following subsection:-
(E) Upon a ruling in favor of a claimant moving for reintegrative relief under subsection (G) of section 1, the court shall enter an order requiring the commonwealth to provide the claimant with services that are reasonable and necessary to address any deficiencies in the individual's physical and emotional condition, waive tuition and fees for the claimant for any educational services from a state or community college in the commonwealth including, but not limited to, the University of Massachusetts at Amherst and its satellite campuses, and order the commonwealth to pay the claimant the amount of $50,000 for living expenses, payable either in a lump sum or as monthly payments over a time frame no longer than one year.
SECTION 107H. Said chapter 258D is hereby further amended by striking out section 6, as so appearing, and inserting in place thereof the following section:-
Section 6. A claimant who prevails in an action under this chapter shall be entitled to an award of the costs of the litigation and reasonable attorneys' fees in an amount to be fixed by the court.
SECTION 107I. Section 7 of said chapter 258D, as so appearing, is hereby amended by adding the following 2 subsections:-
(E) A settlement agreement under this chapter may include a stipulation or agreement to an order of expungement or sealing to be entered by the court. Such stipulation or agreement shall be filed with the court and the court shall enter an order directing the expungement or sealing of those records of the claimant maintained by the department of criminal justice information services, the probation department and the sex offender registry that directly pertain to the claimant's erroneous felony conviction, including documents and other materials and any biological samples or other materials obtained from the claimant. If the settlement does not include an agreement to an order of expungement or sealing, the claimant is entitled to seek expungement or sealing from the court.
(F) For the purposes of this chapter, expungement shall mean the permanent erasure and destruction of records.
SECTION 107J. Section 8 of said chapter 258D, as so appearing, is hereby amended by striking out, in lines 2 and 6, the figure “2” and inserting in place thereof, in each instance, the following figure:- 3.
SECTION 107K. Section 9 of said chapter 258D, as so appearing, is hereby amended by striking out subsection (C).