Bill Text: TX HB1246 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to eligibility for compensation of persons wrongfully imprisoned.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-05-05 - Committee report sent to Calendars [HB1246 Detail]
Download: Texas-2017-HB1246-Introduced.html
| 85R2087 CAE-D | ||
| By: Anchia | H.B. No. 1246 | |
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| relating to eligibility for compensation of persons wrongfully | ||
| imprisoned. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 103.001, Civil Practice and Remedies | ||
| Code, is amended by adding Subsection (f) to read as follows: | ||
| (f) A person is not entitled to compensation under | ||
| Subsection (a) or group health benefit plan coverage under | ||
| Subsection (d) for any part of a sentence in prison during which the | ||
| person was also serving a concurrent sentence for another wrongful | ||
| conviction for which the person has already received compensation | ||
| under Subsection (a) or group health benefit plan coverage under | ||
| Subsection (d). | ||
| SECTION 2. Section 103.003, Civil Practice and Remedies | ||
| Code, is amended to read as follows: | ||
| Sec. 103.003. LIMITATION ON TIME TO FILE. (a) A person | ||
| seeking compensation under this chapter must file an application | ||
| with the comptroller for compensation under Subchapter B not later | ||
| than the third anniversary of the date: | ||
| (1) the person on whose imprisonment the claim is | ||
| based received a pardon as provided by Section 103.001(a)(2)(A); | ||
| (2) the person's application for a writ of habeas | ||
| corpus was granted as provided by Section 103.001(a)(2)(B); or | ||
| (3) an order of dismissal described by Section | ||
| 103.001(a)(2)(C) was signed. | ||
| (b) Notwithstanding Subsection (a), a person seeking | ||
| compensation under this chapter who received the pardon or was | ||
| granted relief as described by Subsection (a) before September 1, | ||
| 1998, and who has not previously received compensation under this | ||
| chapter or under Chapter 507 (H.B. 904), Acts of the 59th | ||
| Legislature, Regular Session, 1965 (Article 6252-25, Vernon's | ||
| Texas Civil Statutes), which was codified as this chapter effective | ||
| September 1, 1985, may file an application with the comptroller for | ||
| compensation under Subchapter B not later than September 1, 2020. | ||
| This subsection expires September 2, 2020. | ||
| SECTION 3. This Act takes effect September 1, 2017. | ||
