[§661B-3] Judgment and award. (a) The petitioner shall have the burden to prove by a preponderance of the evidence:
(b) The following shall be affirmative defenses, on which the State shall have the burden of proof by a preponderance of the evidence:
If the State proves one or more of the affirmative defenses enumerated in this subsection, the petitioner shall receive no compensation except as provided in paragraph (1).
(c) If the court finds that the petitioner has proven a claim for wrongful conviction and imprisonment, the court shall award the petitioner $50,000 for each year of actual confinement, including time spent awaiting trial, served by the petitioner for the crime or crimes for which the petitioner was actually innocent; provided that:
(d) The court shall award reasonable attorneys' fees not to exceed $10,000 for fees incurred in preparing and prosecuting the claim for the prevailing petitioner. The attorney for the petitioner shall not charge, demand, receive, or collect fees for services rendered in excess of twenty-five per cent of any amount awarded by the circuit court.
(e) In an action under this chapter, court costs and fees as established by law may be allowed to the prevailing party.
(f) On all moneys awarded to the petitioner for claims instituted under this chapter, interest shall be computed at the rate of four per cent a year from the date of judgment up to, but not exceeding, thirty days after the date of approval of any appropriation act providing for payment of the judgment.
(g) Any moneys awarded to the petitioner for claims instituted under this chapter, other than for attorneys' fees, shall not be subject to any tax by the State or any county, including any income or general excise tax, any law to the contrary notwithstanding. [L 2016, c 156, pt of §2]