Bill Text: TX HB417 | 2011-2012 | 82nd Legislature | Enrolled


Bill Title: Relating to claims for compensation for wrongful imprisonment and group health benefits coverage for persons wrongfully imprisoned.

Spectrum: Slight Partisan Bill (Democrat 6-2)

Status: (Passed) 2011-06-17 - Effective immediately [HB417 Detail]

Download: Texas-2011-HB417-Enrolled.html
 
 
  H.B. No. 417
 
 
 
 
AN ACT
  relating to claims for compensation for wrongful imprisonment and
  group health benefits coverage for persons wrongfully imprisoned
  .
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  The heading to Subchapter A, Chapter 103, Civil
  Practice and Remedies Code, is amended to read as follows:
  SUBCHAPTER A. ELIGIBILITY; NOTICE OF ELIGIBILITY [AND CHOICE OF
  COMPENSATION METHOD]
         SECTION 2.  Section 103.001, Civil Practice and Remedies
  Code, is amended by amending Subsection (a) and adding Subsections
  (d) and (e) 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; [or]
                     (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
  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 [on the
  basis of actual innocence of the crime for which the person was
  sentenced].
         (d)  Subject to this section, a person entitled to
  compensation under Subsection (a) is also eligible to obtain group
  health benefit plan coverage through the Texas Department of
  Criminal Justice as if the person were an employee of the
  department.  This subsection does not entitle the person's spouse
  or other dependent or family member to group health benefit plan
  coverage.  Coverage may be obtained under this subsection for a
  period of time equal to the total period the claimant served for the
  crime for which the claimant was wrongfully imprisoned, including
  any period during which the claimant was released on parole or to
  mandatory supervision or required to register under Chapter 62,
  Code of Criminal Procedure.  A person who elects to obtain coverage
  under this subsection shall pay a monthly contribution equal to the
  total amount of the monthly contributions for that coverage for an
  employee of the department.
         (e)  Notwithstanding Section 103.053(c), annuity payments
  may be reduced by an amount necessary to make the payments required
  by Subsection (d), and that amount shall be transferred to an
  appropriate account as provided by the comptroller by rule to fund
  that coverage.
         SECTION 3.  Subchapter A, Chapter 103, Civil Practice and
  Remedies Code, is amended by adding Section 103.002 to read as
  follows:
         Sec. 103.002.  NOTICE TO WRONGFULLY IMPRISONED PERSON. (a)  
  In this section:
               (1)  "Department" means the Texas Department of
  Criminal Justice.
               (2)  "Penal institution" has the meaning assigned by
  Article 62.001, Code of Criminal Procedure.
               (3)  "Wrongfully imprisoned person" has the meaning
  assigned by Section 501.091, Government Code, as added by Chapter
  1389 (S.B. 1847), Acts of the 81st Legislature, Regular Session,
  2009.
         (b)  The department shall provide to each wrongfully
  imprisoned person information, both orally and in writing, that
  includes:
               (1)  guidance on how to obtain compensation under this
  chapter; and
               (2)  a list of and contact information for nonprofit
  advocacy groups, identified by the department, that assist
  wrongfully imprisoned persons in filing claims for compensation
  under this chapter.
         (c)  The department must provide the information required
  under Subsection (b):
               (1)  at the time of the release of the wrongfully
  imprisoned person from a penal institution; or
               (2)  as soon as practicable after the department has
  reason to believe that the person is entitled to compensation under
  Section 103.001(a).
         SECTION 4.  Section 103.003, Civil Practice and Remedies
  Code, is amended to read as follows:
         Sec. 103.003.  LIMITATION ON TIME TO FILE. A person seeking
  compensation under this chapter must file an application with the
  comptroller for compensation under Subchapter B not [Not] later
  than the third anniversary of the date:
               (1)  the person on whose imprisonment the claim is
  based received a [the] 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 [was granted relief as required by
  Section 103.001, a person seeking compensation under this chapter
  must file an application with the comptroller for compensation
  under Subchapter B].
         SECTION 5.  Section 103.051, Civil Practice and Remedies
  Code, is amended by amending Subsections (a), (b-1), and (d) and
  adding Subsection (f) to read as follows:
         (a)  To apply for compensation under this subchapter, the
  claimant must file with the comptroller's judiciary section:
               (1)  an application for compensation provided for that
  purpose by the comptroller;
               (2)  a verified copy of the pardon, [or] court order,
  motion to dismiss, and affidavit, as applicable, justifying the
  application for compensation;
               (3)  a statement provided by the Texas Department of
  Criminal Justice and any county or municipality that incarcerated
  the person on whose imprisonment the claim is based in connection
  with the relevant sentence verifying the length of incarceration;
               (4)  if applicable, a statement from the Department of
  Public Safety verifying registration as a sex offender and length
  of registration;
               (5)  if applicable, a statement from the Texas
  Department of Criminal Justice verifying the length of time spent
  on parole; and
               (6)  if the claimant is applying for compensation under
  Section 103.052(a)(2), a certified copy of each child support order
  under which child support payments became due during the time the
  claimant served in prison and copies of the official child support
  payment records described by Section 234.009, Family Code, for that
  period.
         (b-1)  In determining the eligibility of a claimant, the
  comptroller shall consider only the verified copies of documents 
  [copy of the pardon or court order] filed [by the claimant] under
  Subsection (a)(2) [(a)].  If the filed documents do [pardon or
  court order does] not clearly indicate on their [its] face that the
  person is entitled to compensation under Section 103.001(a)(2) 
  [pardon or the court order was granted or rendered on the basis of
  the claimant's actual innocence of the crime for which the claimant
  was sentenced], the comptroller shall deny the claim.  The
  comptroller's duty to determine the eligibility of a claimant under
  this section is purely ministerial.
         (d)  If the comptroller denies the claim, the comptroller
  must state the reason for the denial. Not later than the 30th
  [10th] day after the date the denial is received, the claimant must
  submit an application to cure any problem identified. Not later
  than the 45th day after the date an application is received under
  this subsection, the comptroller shall determine the claimant's
  eligibility and the amount owed.
         (f)  To apply for coverage through the Texas Department of
  Criminal Justice under Section 103.001(d), the claimant must file
  with the department:
               (1)  an application for coverage provided for that
  purpose by the department; and
               (2)  a statement by the comptroller that the
  comptroller has determined the claimant to be eligible for
  compensation under this subchapter.
         SECTION 6.  Section 103.054, Civil Practice and Remedies
  Code, is amended to read as follows:
         Sec. 103.054.  PAYMENT OF CERTAIN TUITION AND FEES. If
  requested by the claimant before the seventh anniversary of the
  relevant date described by Section 103.003 [the claimant received
  the pardon or was granted relief as required by Section 103.001],
  tuition for up to 120 credit hours, including tuition charged under
  Section 54.0513, Education Code, or any other law granting an
  educational institution discretion to set the tuition rate, and any
  mandatory fees associated with attendance at the institution,
  charged by a career center or public institution of higher
  education shall be paid on behalf of the claimant.
         SECTION 7.  Chapter 103, Civil Practice and Remedies Code,
  is amended by adding Subchapter C to read as follows:
  SUBCHAPTER C.  FEES
         Sec. 103.101.  FEES LIMITED; PREREQUISITES TO FEE AGREEMENT.  
  (a)  A person, including an attorney, may not charge or collect a
  fee for preparing, filing, or curing a claimant's application under
  Section 103.051 unless the fee is based on a reasonable hourly rate.
         (b)  An attorney may enter into a fee agreement with a
  claimant for services related to an application under Section
  103.051 only after the attorney has disclosed in writing to the
  claimant the hourly rate that will be charged for the services.
         (c)  An attorney may not collect a fee for preparing, filing,
  or curing a claimant's application under Section 103.051 before a
  final determination is made by the comptroller that the claimant is
  eligible or ineligible for compensation under this chapter.
         Sec. 103.102.  SUBMISSION OF FEE REPORT. (a) Together with
  an application for compensation under this chapter or not later
  than the 14th day after the date the application or cured
  application is filed, a person seeking payment for preparing,
  filing, or curing the application must file a fee report with the
  comptroller's judiciary section.
         (b)  A fee report under this section must include:
               (1)  the total dollar amount sought for fees;
               (2)  the number of hours the person worked preparing,
  filing, or curing the application; and
               (3)  the name of the applicant.
         (c)  A fee report under this section is public information
  subject to Chapter 552, Government Code.
         SECTION 8.  Section 501.091, Government Code, as added by
  Chapter 1389 (S.B. 1847), Acts of the 81st Legislature, Regular
  Session, 2009, is amended by amending Subsection (a) and adding
  Subsection (d) to read as follows:
         (a)  In this section, "wrongfully imprisoned person" means a
  person who:
               (1)  has served in whole or in part a sentence in a
  facility operated by or under contract with the department; and
               (2)  has:
                     (A)  received a pardon for innocence for the crime
  for which the person was sentenced; [or]
                     (B)  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)  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
  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 [otherwise
  been granted relief on the basis of actual innocence of the crime
  for which the person was sentenced].
         (d)  The department shall provide information to wrongfully
  imprisoned persons as required by Section 103.002, Civil Practice
  and Remedies Code.
         SECTION 9.  Subchapter C, Chapter 1551, Insurance Code, is
  amended by adding Section 1551.115 to read as follows:
         Sec. 1551.115.  PARTICIPATION BY WRONGFULLY IMPRISONED
  PERSONS.  Subject to Section 103.001, Civil Practice and Remedies
  Code, a person who is entitled to compensation under Chapter 103,
  Civil Practice and Remedies Code, is eligible to obtain health
  benefit plan coverage under the group benefits program in the
  manner and to the extent that an employee of the Texas Department of
  Criminal Justice would be entitled to coverage, except that this
  section does not entitle the person's spouse or other dependent or
  family member to coverage.
         SECTION 10.  Section 501.091(a), Government Code, as added
  by Chapter 180 (H.B. 1736), Acts of the 81st Legislature, Regular
  Session, 2009, is repealed.
         SECTION 11.  Section 103.001(a)(2)(C), Civil Practice and
  Remedies Code, as added by this Act, applies to a person who has
  received an order of dismissal signed on or after September 1, 2009.
         SECTION 12.  Sections 103.001(d) and (e) and 103.051(f),
  Civil Practice and Remedies Code, and Section 1551.115, Insurance
  Code, as added by this Act, apply to a person the comptroller of
  public accounts has determined to be eligible for compensation as
  provided by Section 103.051(b), Civil Practice and Remedies Code,
  on or after September 1, 2011.
         SECTION 13.  Subchapter C, Chapter 103, Civil Practice and
  Remedies Code, as added by this Act, applies only to an attorney's
  fee agreement entered into on or after January 1, 2012. An
  attorney's fee agreement entered into before January 1, 2012, is
  governed by the law as it existed immediately before the effective
  date of this Act, and that law is continued in effect for that
  purpose.
         SECTION 14.  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, 2011.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 417 was passed by the House on April
  26, 2011, by the following vote:  Yeas 146, Nays 0, 2 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 417 on May 21, 2011, by the following vote:  Yeas 143, Nays 0, 2
  present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 417 was passed by the Senate, with
  amendments, on May 18, 2011, by the following vote:  Yeas 30, Nays
  1.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor       
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