Bill Text: TX HB3950 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to the determination of a person's eligibility to receive compensation for wrongful imprisonment.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2021-03-24 - Referred to Appropriations [HB3950 Detail]
Download: Texas-2021-HB3950-Introduced.html
87R2602 JES-D | ||
By: Crockett | H.B. No. 3950 |
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relating to the determination of a person's eligibility to receive | ||
compensation for wrongful imprisonment. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 103.001(a), Civil Practice and Remedies | ||
Code, is amended to read as follows: | ||
(a) A person is entitled to compensation if: | ||
(1) the person has served in whole or in part a | ||
sentence in prison under the laws of this state; and | ||
(2) the person: | ||
(A) has received a full pardon on the basis of | ||
innocence for the crime for which the person was sentenced; | ||
(B) has been granted relief in accordance with a | ||
writ of habeas corpus that is based on a court finding or | ||
determination that the person is actually innocent of the crime for | ||
which the person was sentenced; or | ||
(C) has been granted relief in accordance with a | ||
writ of habeas corpus and: | ||
(i) the state district court in which the | ||
charge against the person was pending has entered an order, | ||
including an amended order, dismissing the charge; and | ||
(ii) the district court's dismissal order | ||
is based on a motion to dismiss in which the state's attorney states | ||
that no credible evidence exists that inculpates the defendant and, | ||
either in the motion or in an affidavit, the state's attorney states | ||
that the state's attorney believes that the defendant is actually | ||
innocent of the crime for which the person was sentenced. | ||
SECTION 2. Section 103.051, Civil Practice and Remedies | ||
Code, is amended by adding Subsection (b-2) to read as follows: | ||
(b-2) In determining the eligibility of a claimant, the | ||
comptroller may not: | ||
(1) consider whether a court finding or determination | ||
that the claimant is actually innocent was made by a court with | ||
jurisdiction to make that finding or determination; | ||
(2) deny an application on the basis of a denial of a | ||
previous application by the same claimant, if the application is | ||
supported by a new or amended court order or other change in the | ||
claimant's documentation; or | ||
(3) deny an application based on the comptroller's | ||
determination of the legal sufficiency of the claimant's pardon, | ||
court order, motion to dismiss, or affidavit. | ||
SECTION 3. The amendments made by this Act to Chapter 103, | ||
Civil Practice and Remedies Code, are intended to clarify rather | ||
than change existing law. | ||
SECTION 4. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2021. |