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TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-21-1010 SO AS TO PROVIDE THAT CERTAIN PERSONS WHO RECEIVE A PARDON FOR THE CONVICTION OF A CRIME MAY PETITION THE COURT OF APPEALS TO RECOVER THE MONETARY VALUE OF THE LOSS SUSTAINED THROUGH THEIR ERRONEOUS CONVICTION AND IMPRISONMENT.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Article 11, Chapter 21, Title 24 of the 1976 Code is amended by adding:
"Section 24-21-1010. (A) A person who is convicted of a crime, imprisoned subsequent to the conviction, and pardoned for the crime upon the grounds that the crime was not committed or was not committed by him may petition the Court of Appeals to recover the monetary value of the loss he sustained through his erroneous conviction and imprisonment.
(B) The petition must include a statement of the facts upon which the claim is based and may be supported by affidavits that support the claim. The court, within thirty days of receiving the petition, shall set a time for a hearing and shall mail notice of this date to the claimant and the Attorney General.
(C) At the hearing the claimant may introduce evidence in the form of affidavits or testimony to support the claim, and the Attorney General may introduce counter affidavits or testimony in refutation. If the court finds from the evidence that the claimant received a pardon of innocence for the reason that the crime was not committed, or was not committed by the claimant, and the claimant was imprisoned and has been vindicated in connection with the alleged offense for which he was imprisoned, the court shall award to the claimant an amount equal to twenty thousand dollars for each year or the pro rata amount for the portion of each year of the imprisonment actually served, including any time spent awaiting trial. However, the compensation shall not exceed five hundred thousand dollars. The State Treasurer shall pay the amount of the award to the claimant out of funds appropriated by the General Assembly for this purpose. The court shall give written notice of its decision to all parties concerned. The determination of the court is subject to judicial review upon appeal of the claimant or the State to the State Supreme Court."
SECTION 2. This act takes effect upon approval by the Governor.
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