650.058. Individuals who are actually innocent may receive restitution, amount, petition, definition, limitations and requirements--guilt confirmed by DNA testing, procedures--petitions for restitutio
Individuals who are actually innocent may receive restitution, amount,petition, definition, limitations and requirements--guiltconfirmed by DNA testing, procedures--petitions forrestitution--order of expungement.
650.058. 1. Notwithstanding the sovereign immunity of the state, anyindividual who was found guilty of a felony in a Missouri court and waslater determined to be actually innocent of such crime solely as a resultof DNA profiling analysis may be paid restitution. The individual mayreceive an amount of fifty dollars per day for each day of postconvictionincarceration for the crime for which the individual is determined to beactually innocent. The petition for the payment of said restitution shallbe filed with the sentencing court. For the purposes of this section, theterm "actually innocent" shall mean:
(1) The individual was convicted of a felony for which a final orderof release was entered by the court;
(2) All appeals of the order of release have been exhausted;
(3) The individual was not serving any term of a sentence for anyother crime concurrently with the sentence for which he or she isdetermined to be actually innocent, unless such individual was servinganother concurrent sentence because his or her parole was revoked by acourt or the board of probation and parole in connection with the crime forwhich the person has been exonerated; and
(4) Testing ordered under section 547.035, RSMo, or testing by theorder of any state or federal court, if such person was exonerated on orbefore August 28, 2004, or testing ordered under section 650.055, if suchperson was or is exonerated after August 28, 2004, demonstrates a person'sinnocence of the crime for which the person is in custody.
Any individual who receives restitution under this section shall beprohibited from seeking any civil redress from the state, its departmentsand agencies, or any employee thereof, or any political subdivision or itsemployees. This section shall not be construed as a waiver of sovereignimmunity for any purposes other than the restitution provided for herein.The department of corrections shall determine the aggregate amount ofrestitution owed during a fiscal year. If insufficient moneys areappropriated each fiscal year to pay restitution to such persons, thedepartment shall pay each individual who has received an order awardingrestitution a pro rata share of the amount appropriated. Providedsufficient moneys are appropriated to the department, the amounts owed tosuch individual shall be paid on June thirtieth of each subsequent fiscalyear, until such time as the restitution to the individual has been paid infull. However, no individual awarded restitution under this subsectionshall receive more than thirty-six thousand five hundred dollars duringeach fiscal year. No interest on unpaid restitution shall be awarded tothe individual. No individual who has been determined by the court to beactually innocent shall be responsible for the costs of care under section217.831, RSMo.
2. If the results of the DNA testing confirm the person's guilt, thenthe person filing for DNA testing under section 547.035, RSMo, shall:
(1) Be liable for any reasonable costs incurred when conducting theDNA test, including but not limited to the cost of the test. Such costsshall be determined by the court and shall be included in the findings offact and conclusions of law made by the court; and
(2) Be sanctioned under the provisions of section 217.262, RSMo.
3. A petition for payment of restitution under this section may onlybe filed by the individual determined to be actually innocent or theindividual's legal guardian. No claim or petition for restitution underthis section may be filed by the individual's heirs or assigns. Anindividual's right to receive restitution under this section is notassignable or otherwise transferrable. The state's obligation to payrestitution under this section shall cease upon the individual's death.Any beneficiary designation that purports to bequeath, assign, or otherwiseconvey the right to receive such restitution shall be void andunenforceable.
4. An individual who is determined to be actually innocent of a crimeunder this chapter shall automatically be granted an order of expungementfrom the court in which he or she pled guilty or was sentenced to expungefrom all official records all recordations of his or her arrest, plea,trial or conviction. Upon granting of the order of expungement, therecords and files maintained in any administrative or court proceeding inan associate or circuit division of the court shall be confidential andonly available to the parties or by order of the court for good causeshown. The effect of such order shall be to restore such person to thestatus he or she occupied prior to such arrest, plea or conviction and asif such event had never taken place. No person as to whom such order hasbeen entered shall be held thereafter under any provision of any law to beguilty of perjury or otherwise giving a false statement by reason of his orher failure to recite or acknowledge such arrest, plea, trial, convictionor expungement in response to any inquiry made of him or her for anypurpose whatsoever and no such inquiry shall be made for informationrelating to an expungement under this section.
(L. 2006 S.B. 1023)