Sec. 1. (a) This chapter does not apply to a person who has received, in any jurisdiction, an award for restitution or damages concerning a conviction, or a conviction’s underlying criminal investigation, against the state of Indiana or a political subdivision and any applicable state agency, official, member, officer, agent, or employee, or the successor to any of those individuals, as applicable.

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Terms Used In Indiana Code 5-2-23-1

  • actually innocent: means , with respect to a particular offense, that a person:

    Indiana Code 5-2-23-2

  • Conviction: A judgement of guilt against a criminal defendant.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
     (b) Subject to subsection (a), this chapter applies to a person:

(1) sentenced to the department of correction or a county jail as the result of a criminal conviction;

(2) who is pardoned by the governor, or whose conviction is vacated, reversed, or set aside;

(3) who is actually innocent; and

(4) who has not:

(A) previously applied for restitution under this chapter for the same conviction or any associated criminal investigation; or

(B) received compensation in any form from the state of Indiana or a political subdivision for claims related to the conviction or any associated criminal investigation.

As added by P.L.165-2019, SEC.1.