ROBERT L. EHRLICH, JR., Governor Ch. 256
determination by clear and convincing evidence that the convictions of the
individuals are in error and that the individuals are innocent of did not commit
the crime; defining certain terms; prohibiting the Board of Public Works from
paying any part of a certain grant to any individuals other than certain
individuals eligible to receive the grant under certain circumstances; altering a
certain statement in a pardon required to rebut a certain presumption
authorizing the Board of Public Works to grant a reasonable amount for any
financial or other appropriate counseling for an individual who is erroneously
convicted, sentenced, and imprisoned under State law for a crime the individual
did not commit if the individual received a certain pardon from the Governor;
providing for the application of this Act; and generally relating to damages for
certain individuals erroneously convicted, sentenced, and confined under State
law.
BY repealing and reenacting, with amendments,
Article - Correctional Services
Section 7-601(e)
Annotated Code of Maryland
(1999 Volume and 2002 Supplement)
BY repealing and reenacting, with amendments,
Article - State Finance and Procurement
Section 10-501
Annotated Code of Maryland
(2001 Replacement Volume and 2002 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:
Article - Correctional Services
7-601.
(c) There is a presumption that the grantee of a pardon was lawfully and
properly convicted of a crime against the State unless the order granting the pardon
states that the grantee has been shown [conclusively] BY CLEAR AND CONVINCING
EVIDENCE to have been convicted in error.
Article - State Finance and Procurement
10-501.
(a) (1) IN THIS SECTION THE FOLLOWING TERMS WORDS HAVE THE
MEANINGS INDICATED.
(2) (I) "ECONOMIC DAMAGES" MEANS LOSS OF EARNINGS AND
MEDICAL EXPENSES.
(II) "ECONOMIC DAMAGES" DOES NOT INCLUDE PUNITIVE
DAMAGES.
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