TITLE 6

ACTIONS IN PARTICULAR CASES

CHAPTER 35

IDAHO WRONGFUL CONVICTION ACT

6-3502.  claim of compensation for wrongful conviction. (1) As used in this chapter, "claimant" means a person convicted and subsequently imprisoned for one (1) or more crimes that such person did not commit.

(2)  If he meets the requirements of this chapter, a claimant may bring a civil action against the state of Idaho for wrongful conviction. The claimant shall prevail if he establishes each of the following requirements by a preponderance of the evidence:

(a)  The claimant was convicted of a felony in this state and subsequently imprisoned;

(b)  The claimant did not commit the crime for which he was convicted;

(c)  The claimant did not commit the acts that were the basis of the conviction;

(d)  The claimant did not aid, abet, or act as an accomplice or accessory to either the acts or to a person who committed the acts that were the basis for the conviction;

(e)  The claimant did not commit an included offense of the crime for which he was imprisoned;

(f)  The claimant establishes that his conviction was reversed or vacated and either:

(i)   The claimant was not retried and the charges were dismissed; or

(ii)  The claimant was retried and was found not guilty; and

(g)  The claimant establishes that the basis for reversing or vacating the conviction was not legal error unrelated to his factual innocence.

(3)  A claimant shall not prevail on a claim brought pursuant to this chapter if the state shows by a preponderance of the evidence that a claimant pled guilty with the specific intent to protect another party from prosecution for the underlying conviction that forms the basis for the claim.

(4)(a)  A claimant convicted, imprisoned, and released from custody on or after the effective date of this chapter shall commence an action under this section within a period of two (2) years after:

(i)  The conviction was reversed or vacated and the charges were dismissed; or

(ii)  The claimant was retried and found not guilty.

(b)  A claimant convicted, imprisoned, and released from custody before the effective date of this chapter must commence an action under this section within two (2) years of the effective date of this chapter.

(5)  A claimant shall be entitled to a hearing in district court as expeditiously as possible after the filing of a claim.

(6)  If a person dies prior to filing or during the pendency of a claim under this section, the person’s estate may file or maintain a claim pursuant to this section.

(7) All provisions of existing law relating to absolute or qualified immunity shall apply to an action brought pursuant to the provisions of this section.

History:

[6-3502, added 2021, ch. 17, sec. 1, p. 38.]