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HB 5431

AN ACT RELATING TO INSURANCE -- MEDICARE SUPPLEMENT INSURANCE POLICIES

2025 Regular Session Introduced by Julie Casimiro and 9 co-sponsors

Michigan HB 5431 lowers the wrongful imprisonment compensation burden to a preponderance of the evidence and broadens evidence/eligibility, with new pleadings, timing, and notice.

04/10/2025 Committee recommended measure be held for further study
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Bill Summary · HB 5431

Summary — HB 5431 (Substitute H‑1)

Title: Civil procedure: remedies; Wrongful Imprisonment Compensation Act; modify evidence requirements (amends MCL 691.1752, 691.1754, 691.1755, 691.1757)

Sponsor: Rep. Joey Andrews
Most recent status (provided): Referred to Committee on Government Operations. Key actions: introduced Feb. 7, 2024; passed the House (with immediate effect) Dec. 10, 2024; transmitted and referred to committee Dec. 18, 2024; committee hearings and further consideration occurred in 2025.

Purpose
- Amend Michigan’s Wrongful Imprisonment Compensation Act to change pleading, evidentiary, and procedural requirements for actions seeking compensation for wrongful conviction and imprisonment (suits brought in the Court of Claims).

Key provisions and changes
- Definitions (Sec. 2)
- “New evidence” is clarified to mean evidence not presented to a trier of fact during the proceeding that determined guilt (examples: new testimony, expert interpretation, DNA or other test results).
- Recantations are excluded as “new evidence” unless corroborated by other evidence or the prosecuting attorney/attorney general agrees it qualifies.
- “Plaintiff” is expanded to explicitly include a trustee or conservator if the claimant is incompetent; expressly excludes estates, personal representatives, heirs, etc.

  • Pleading and service (Sec. 4)

    • Verified complaint must attach documentation establishing conviction, reversal/vacatur or pardon, and the new evidence or other facts entitling the plaintiff to judgment.
    • A copy of the complaint must be served on the Attorney General and the county prosecuting attorney.
    • The prosecuting attorney must file an appearance within 60 days to participate further.

  • Answers, discovery, and timing

    • Answers must be served/filed within 60 days of service (extensions for good cause permitted).
    • Formal discovery is prohibited until the Attorney General files an answer — intended to give the AG time to evaluate whether compensation is appropriate before litigation discovery begins.

  • Evidence standard and entitlement to judgment (Sec. 5)

    • Lowers the plaintiff’s burden from “clear and convincing evidence” to a “preponderance of the evidence.”
    • Expands the types of circumstances that can support entitlement:
    • Conviction reversed/vacated and charges dismissed or not guilty on retrial, or
    • Gubernatorial pardon on the basis of actual innocence.
    • Provides alternative routes to entitlement: (a) new evidence demonstrating innocence that resulted in vacatur/pardon; (b) vacatur for insufficient evidence where plaintiff did not commit the offense; or (c) new evidence presented to the reversing court even if relief was granted on another basis.

  • Court consideration (Sec. 5(2))

    • Court may consider the entire criminal record (trial/plea transcripts, appellate and postconviction records).
    • Court may consider evidence that was seized or obtained in violation of the Fourth Amendment or state constitution.
    • Courts must account for difficulties of proof caused by passage of time, lost/destructed evidence, unavailable witnesses, and similar factors.

  • Victim notice

    • For assaultive crimes or serious misdemeanors, the prosecuting attorney must give victim notice (by first‑class mail) similar to existing victim‑notice statutes; victims may appear and make statements.

Who is affected
- Wrongfully convicted individuals (and their trustees or conservators) seeking statutory compensation.
- County prosecuting attorneys and the Attorney General (new procedural timelines and responsibilities).
- Victims of assaultive crimes/serious misdemeanors (entitled to notice and participation).
- Courts (new evidentiary guidance and burden of proof).

Potential impacts
- Lowering the burden of proof from clear and convincing to preponderance likely makes it easier for exonerees to obtain compensation.
- Clarifying “new evidence” and permitting consideration of the full criminal record (and illegally seized evidence) broadens the evidence courts may weigh.
- Prohibiting discovery until the AG answers could streamline preliminary evaluation but may delay claimant access to some evidence.
- The bill adds language about individuals committed to residential mental health facilities in relation to a conviction — the interaction with the Act’s original “imprisoned in a state correctional facility” language may create ambiguity about eligibility for those committed to mental health facilities.

Notes
- The bill amends four sections of the act (secs. 2, 4, 5, and 7). The text provided does not change statutory compensation amounts or formulas; it primarily alters procedural and evidentiary rules for bringing claims.

Compiled from official sources — confirm details with the bill’s official record.

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