H.B.
307
FACTUAL INNOCENCE AMENDMENTS
House Floor
Amendments
Amendment 1 February 15, 2012 4:58 PM
Representative Brad L. Dee proposes the following amendments:
1. Page 1, Lines 11 through 20 :
11 This bill:
12 . clarifies the requirement of a hearing if the state does not stipulate to factual
13 innocence;
14 . clarifies that all proceedings are governed by Utah Rules of Civil Procedure, Rule
15 65C;
16 . sets a standard for the court's determination of factual innocence;
17 . disallows prejudgment interest on payments made to a person after a finding of
18 factual innocence; and
19 . provides that
assistance payments on
a claim of factual innocence
{
is
}
are
extinguished upon the death of the
20 petitioner.
2. Page 4, Line 117 through Page 5, Line 121 :
117 (13) The procedures governing the filing and adjudication of a petition to determine
118 factual innocence apply to all petitions currently filed or pending
in the district court
and any new
petitions filed on
119 or after [
{
March 25, 2010
}
June 1, 2012
.
120 (14) A claim for determination of factual innocence under this part is
not
extinguished
121 upon the death of the petitioner.
The assistance payment provisions of Section 78B-9-405 may not apply,
and financial payments may not be made, if the finding of factual innocence occurs after the death of the
petitioner. In addition, any payments already being made under Section 78B-9-405 shall cease upon the
death of the petitioner.
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