46-32-103. (Temporary) Election of remedies. (1) To be eligible to receive relief under 46-32-102, the claimant shall affirmatively waive any and all other remedies, causes of action, and other forms of relief or compensation against the state, any political subdivision of the state, and their officers, employees, agents, and volunteers related to the claimant's wrongful conviction and imprisonment. This waiver includes all state, common law, and federal claims for relief, including claims pursuant to 42 U.S.C. 1983. The claimant shall execute a release of all claims against the state, any political subdivision of the state, and their officers, employees, agents and volunteers arising from the facts contained in the petition prior to the payment of any damages or compensation or the receipt of a housing voucher under 46-32-106.
(2) An individual who has a legal proceeding pending or in which judgment has been entered in state or federal court seeking damages or relief for wrongful conviction or imprisonment based on facts that could establish a cognizable claim pursuant to this part may not bring a claim under 46-32-102. (Terminates June 30, 2023--sec. 15, Ch. 574, L. 2021.)
History: En. Sec. 3, Ch. 574, L. 2021.