Bill Summary for H 398 (2015-2016)

Summary date: 

Mar 30 2015

Bill Information:

View NCGA Bill Details2015-2016 Session
House Bill 398 (Public) Filed Monday, March 30, 2015
AN ACT TO INCREASE THE COMPENSATION FOR PERSONS ERRONEOUSLY CONVICTED OF A CAPITAL FELONY AND SENTENCED TO DEATH.
Intro. by Glazier, Michaux, Harrison.

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Bill summary

Amends GS 148-84 as follows. Requires the Industrial Commission to award a  claimant who was imprisoned erroneously for a capital felony and sentenced to death $100,000 for each year or the pro rata amount for the portion of each year of the imprisonment actually served, including any time spent awaiting trial. Requires that a claimant who was imprisoned erroneously for a capital felony and sentenced to life imprisonment or who was imprisoned erroneously for a noncapital felony to be awarded $50,000 for each year or the pro rata amount for the portion of each year of the imprisonment actually served, including any time spent awaiting trial. Prohibits compensation from exceeding $1.5 million for a claimant  who was imprisoned erroneously for a capital felony and sentenced to death and $750,000 for a claimant who was imprisoned erroneously for a capital felony and sentenced to life imprisonment or who was imprisoned erroneously for a noncapital felony.

Effective when the act becomes law and applies to any person granted a pardon of innocence on or after that date.

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