Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H1758

Introduced
2/27/25  

Caption

For fair compensation for erroneous felony conviction

Impact

The bill proposes that compensation must consider various factors, including potential lost income due to wrongful incarceration, trial circumstances, and incarceration conditions. Furthermore, it allows the court to order additional services, including necessary support for the claimant's physical and emotional health. This comprehensive approach could significantly alter how the judicial system handles cases of wrongful incarceration and could lead to improved support for those affected. The inclusion of educational benefits, such as waiving tuition fees for state or community colleges, is notable as it adds a rehabilitative dimension to the compensation.

Summary

House Bill 1758, titled 'An Act for fair compensation for erroneous felony convictions', seeks to establish a framework for compensating individuals who have been wrongfully convicted and subsequently incarcerated. The bill emphasizes the need for enhanced accountability from the Commonwealth for mistakes that led to these convictions. The legislation aims to amend existing laws regarding how compensation is determined and awarded, particularly under Chapter 258D of the General Laws. It sets a minimum liability for the Commonwealth at $800,000 for judgments related to erroneous convictions.

Contention

Despite the positive intentions behind HB 1758, the bill may encounter contention during discussions in the legislative process. Concerns could arise about the adequacy of the proposed compensation amounts, potential challenges in proving wrongful conviction claims, and the implications for the state budget in handling such financial liabilities. Additionally, there may be debate regarding the criteria set for what constitutes successful claims and whether they may inadvertently disadvantage some individuals seeking restitution.

Companion Bills

MA H4860

Replaced by Relative to safety and justice

Previously Filed As

MA HB2813

Erroneous convictions; compensation

MA SB1500

Compensation; erroneous convictions

MA HB2766

erroneous convictions; compensation; procedures

MA HB1605

Compensation for Individuals Erroneously Convicted - County Cost-Sharing - Repeal

MA H1965

Relative to compensation for victims of wrongful conviction

MA S1132

Relative to compensation for victims of wrongful conviction

MA H8083

Allows expungement of multiple felony convictions for non-violent felonies10 years from the date of conviction.

MA H1760

To provide equitable sentencing for felony murder

MA H5178

Allows expungement of multiple felony convictions for non-violent felonies10 years after sentence completed.

MA S0281

Allows expungement of multiple felony convictions for non-violent felonies10 years after sentence completed.

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