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Bill

SB 91

Providing for payment of interest in civil actions for wrongful conviction and directing the attorney general to seek damages for the state from any person who knowingly contributed to the wrongful conviction and prosecute ouster and criminal proceedings as warranted.

2025-2026 Regular Session Introduced by David Haley

Kansas bill requiring interest payments for wrongful conviction damages and authorizing the AG to recover costs and prosecute those who knowingly contributed to convictions.

Died in Committee
#attorneygeneral #civilprocedureandcivilactions
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Bill Summary · SB 91

Legislative bill overview

SB 91 would require the state to pay interest on damages awarded in civil wrongful conviction cases and authorize the Kansas Attorney General to pursue recovery of those payments from individuals determined to have knowingly contributed to the wrongful conviction. The bill also directs the AG to pursue ouster proceedings and criminal charges against such individuals where warranted.

Why is this important

Wrongful conviction cases result in significant financial and personal harm to exonerees. This bill addresses two concerns: ensuring full compensation (including interest accrual during years of wrongful imprisonment) and creating accountability mechanisms for those responsible for the miscarriage of justice, which could include prosecutors, police, or other officials.

Potential points of contention

  • Prosecutorial immunity questions: Determining what constitutes "knowingly contributed" versus negligence or prosecutorial discretion in complex cases may be legally challenging and could face constitutional scrutiny
  • Practical burden on AG resources: Pursuing recovery actions and ouster/criminal proceedings against potentially numerous individuals could significantly expand the Attorney General's workload and budget
  • Retroactive application uncertainty: Unclear whether the bill applies to past wrongful convictions already settled or only prospectively, which affects fiscal impact and fairness considerations
  • Standards for "knowing" contribution: The bill lacks definition of what evidence threshold proves someone "knowingly" caused wrongful conviction, potentially leading to inconsistent application

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

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