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SB 909

Civil procedure: remedies; wrongful imprisonment compensation act; modify evidence requirements. Amends secs. 2, 4, 5 & 7 of 2016 PA 343 (MCL 691.1752 et seq.).

2025-2026 Regular Session Introduced by Rosemary Bayer and 7 co-sponsors

Lowers the burden of proof and expands evidence, time spent in pretrial detention, and payment options to compensate the wrongfully imprisoned in Michigan.

REFERRED TO COMMITTEE OF THE WHOLE WITH SUBSTITUTE (S-1)
#civilprocedure:evidence #civilprocedure:remedies
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Bill Summary · SB 909

Summary of SB 909 (2025-2026) – Michigan

SB 909, introduced April 21, 2026, would amend the Wrongful Imprisonment Compensation Act (WICA), 2016 PA 343, to modify filing requirements, standards of proof, evidence considerations, and the scope and administration of compensation for individuals wrongfully convicted and imprisoned in Michigan. The bill is sponsored by Senators Chang, Damoose, Irwin, Shink, Bayer, Santana, Cavanaugh, and Geiss and referred to the Civil Rights, Judiciary, and Public Safety committee.

Main purpose and intent

  • Broaden and clarify the process for obtaining wrongful imprisonment compensation.
  • Lower the burden of proof for plaintiffs.
  • Expand the types of evidence and records the court may consider.
  • Include time spent in pretrial detention in compensation.
  • provide enhanced payment options (including annuities) and align with current remedies for wrongful imprisonment, including cases involving gubernatorial pardons based on actual innocence.
  • Update procedural timelines and expungement provisions related to wrongful convictions.

Key provisions and changes

  • Sec. 2 – Definitions

    • Clarifies terms used in the act, including “charges,” “municipality,” “new evidence,” “plaintiff,” and “state correctional facility.”
    • Expands the concept of “new evidence” to include evidence not presented to the trier of fact at the guilt-determining stage, with limited exclusions for recantations unless supported by other evidence or AG prosecutorial agreement.

  • Sec. 4 – Filing requirements and pre-pleading process

    • Plaintiffs must attach verified documentation establishing:
    • Conviction, imprisonment, and service of sentence (or commitment to a residential mental health facility).
    • Reversal/vacation of judgment with dismissal, or acquittal on retrial.
    • New evidence demonstrating non-commitment of the crime or non-association with the acts, leading to reversal, dismissal, not-guilty finding, or gubernatorial pardon.
    • Service on the Attorney General and prosecuting attorney, who may respond; prosecuting attorney may file an appearance within 60 days.
    • Answer window: 60 days after service, with potential extensions for good cause to allow pre-discovery review.
    • Victim notification: for assaultive/serious misdemeanors, prosecutors must notify victims similarly to set-aside actions; right to appear and provide statements.
    • Discovery: allowed after the AG files an answer; no discovery before an answer is filed.

  • Sec. 5 – Burden of proof and standards

    • Shifts the burden from clear and convincing evidence to a preponderance of the evidence.
    • Requires showing either:
    • Reversal/vacation with dismissal or not-guilty on retrial, or gubernatorial pardon for actual innocence, with limitations if related offenses from the same transaction complicate relief.
    • New evidence demonstrating the plaintiff did not commit the crime (or was not an accomplice) and led to reversal, dismissal, not guilty finding, or pardon.
    • Reversal/vacation based on insufficient evidence, with no culpability by the plaintiff.
    • Court may consider the entire criminal record and evidence obtained illegally in determining the burden, plus factors like time decay, lost/destroyed evidence, and unavailable witnesses.
    • Court must treat credibility with consideration for elapsed time and other non-party-caused factors.

  • Sec. 4 & 5 – Compensation framework

    • If wrongful conviction/imprisonment is established, compensation includes:
    • $50,000 for each year imprisoned, prorated for partial years, plus time in pretrial detention.
    • Reimbursement of any amounts previously awarded under the State Correctional Facility Reimbursement Act.
    • Reasonable attorney fees (subject to caps and timing rules). The bill would revise fee provisions (see below).
    • Standard annuity payments: an additional $50,000 per year of imprisonment, paid as equal monthly installments, with 5% annual interest and actuarial factors; payments cannot be accelerated or transferred.
    • Fees: The bill would modify attorney fee provisions, allowing recovery after award but removing some prior conditions that required payment of fees before the initial award and setting specific caps (lesser of 10% of the total award or $50,000, plus expenses). The bill would keep the restriction that attorney fees may not be deducted from the plaintiff’s compensation and that the plaintiff’s attorney cannot receive additional fees beyond the awarded amount.
    • Setoffs and reimbursements: Compensation is not subject to certain state expenses offsets, but is subject to setoff for damages received from other sources after attorney fees are deducted.
    • No compensation for time served under concurrent or consecutive sentences for another offense, with an exception if parole was revoked solely due to the wrongful conviction (the exception would not apply to pre-existing prior offenses otherwise).
    • Compensation for injuries sustained while imprisoned is excluded, but other damages may be pursued separately.
    • Expedited payment options: initial lump-sum payment of at least 20% of the total award, with the remainder over up to 10 years if ordered in installments.
    • Tax treatment: awards under WICA are not subject to income tax; compensation may be offset to recover certain debts or obligations after attorney fees are accounted for.

  • Sec. 7 – Filing deadlines

    • Generally, an action must be filed within 3 years after verdict, order, judgment, or pardon (relevant to the event described in Sec. 4(1)(b) or 5(1)(b)).
    • If seeking relief due to a gubernatorial pardon, the 3-year period applies similarly to the pardon entry.
    • New deadline for a limited retroactive eligibility: an 18-month window from the bill’s effective date for those who could qualify due to a reversal or lack-of-evidence-based relief, aligning eligibility with new criteria.

  • Expungement and records

    • If a court finds wrongful conviction/imprisonment, it must order expungement of related arrest, fingerprints, conviction, and sentence records from criminal history records; expungement documents may be exempt from FOIA. Parties may stipulate expungement even without an award.

Who is affected

  • Plaintiffs: individuals alleging wrongful conviction and imprisonment, and their trustees or conservators when applicable.
  • State entities: the State of Michigan, including the Attorney General and the prosecuting attorney for the relevant county.
  • Municipalities: as eligible targets for federal or state actions, subject to separate caps and offsets as described.
  • Legal representatives: attorneys representing plaintiffs; changes alter fee structures and timing for fees.

Procedural and timeline aspects

  • Filing and service: verified complaint with supporting documentation must be filed; AG and county prosecutor served, with appearance within 60 days.
  • Discovery: may occur after the AG files an answer; pre-answer discovery is limited or not allowed.
  • Burden of proof: lowered to preponderance of the evidence.
  • Payment structure: combination of lump-sum and annuity options, with governance around timing and protections against assignment.
  • Expungement: ordered when wrongful conviction is found; records become FOIA-exempt.
  • Early filing option: a limited 18-month window post-enactment for certain eligible individuals.

Fiscal impact (general)

  • The bill would broaden eligibility and potentially increase state costs in awarding compensation, attorney fees, and annuities. The exact financial impact is indeterminate given the expanded scope and new payment structures.

Sponsors and status

  • Co-sponsors: John Damoose, Stephanie Chang, Sue Shink, Rosemary Bayer, Sylvia Santana, Jeff Irwin, Mary Cavanagh, Erika Geiss.
  • Action: Introduced April 21, 2026; referred to Committee on Civil Rights, Judiciary, and Public Safety.

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

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