(a) Exclusion from gross incomeIn the case of any wrongfully incarcerated individual, gross income shall not include any civil damages, restitution, or other monetary award (including compensatory or statutory damages and restitution imposed in a criminal matter) relating to the incarceration of such individual for the covered offense for which such individual was convicted.
(b) Wrongfully incarcerated individualFor purposes of this section, the term “wrongfully incarcerated individual” means an individual—(1) who was convicted of a covered offense,
(2) who served all or part of a sentence of imprisonment relating to that covered offense, and
(3)(A) who was pardoned, granted clemency, or granted amnesty for that covered offense because that individual was innocent of that covered offense, or
(B)(i) for whom the judgment of conviction for that covered offense was reversed or vacated, and
(ii) for whom the indictment, information, or other accusatory instrument for that covered offense was dismissed or who was found not guilty at a new trial after the judgment of conviction for that covered offense was reversed or vacated.
(c) Covered offenseFor purposes of this section, the term “covered offense” means any criminal offense under Federal or State law, and includes any criminal offense arising from the same course of conduct as that criminal offense.
Structure US Code
Title 26— INTERNAL REVENUE CODE
CHAPTER 1— NORMAL TAXES AND SURTAXES
Subchapter B— Computation of Taxable Income
PART III— ITEMS SPECIFICALLY EXCLUDED FROM GROSS INCOME
§ 103. Interest on State and local bonds
§ 104. Compensation for injuries or sickness
§ 105. Amounts received under accident and health plans
§ 106. Contributions by employer to accident and health plans
§ 107. Rental value of parsonages
§ 108. Income from discharge of indebtedness
§ 109. Improvements by lessee on lessor’s property
§ 110. Qualified lessee construction allowances for short-term leases
§ 111. Recovery of tax benefit items
§ 112. Certain combat zone compensation of members of the Armed Forces
§ 115. Income of States, municipalities, etc.
§ 118. Contributions to the capital of a corporation
§ 119. Meals or lodging furnished for the convenience of the employer
§ 121. Exclusion of gain from sale of principal residence
§ 122. Certain reduced uniformed services retirement pay
§ 123. Amounts received under insurance contracts for certain living expenses
§ 126. Certain cost-sharing payments
§ 127. Educational assistance programs
§ 129. Dependent care assistance programs
§ 130. Certain personal injury liability assignments
§ 131. Certain foster care payments
§ 132. Certain fringe benefits
§ 134. Certain military benefits
§ 135. Income from United States savings bonds used to pay higher education tuition and fees
§ 136. Energy conservation subsidies provided by public utilities
§ 137. Adoption assistance programs
§ 139. Disaster relief payments
§ 139A. Federal subsidies for prescription drug plans
§ 139B. Benefits provided to volunteer firefighters and emergency medical responders
§ 139C. Certain disability-related first responder retirement payments
§ 139D. Indian health care benefits
§ 139E. Indian general welfare benefits
§ 139F. Certain amounts received by wrongfully incarcerated individuals
§ 139G. Assignments to Alaska Native Settlement Trusts