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Enrolled Bill Summary

Enrolled Bill Summary

Legislative Session: 81(R)

House Bill 1736

House Author:  Anchia et al.

Effective:  9-1-09

Senate Sponsor:  Duncan et al.


            House Bill 1736 adds the Tim Cole Act relating to the compensation of and services to persons wrongfully imprisoned. The bill amends the Civil Practice and Remedies Code to increase the lump-sum compensation to which a person found to be wrongfully imprisoned is entitled from $50,000 multiplied by the number of years served in prison to $80,000 multiplied by the number of years served in prison and provides for the entitlement to such lump-sum compensation of the heirs, legal representatives, and estate of a deceased person who would be entitled to compensation for wrongful imprisonment, if living, including a person who received a posthumous pardon. The bill removes the specific computation for lump-sum compensation to which a person wrongfully imprisoned and sentenced to death is entitled and sets forth the computation for lump-sum compensation to which a person who was required to register as a sex offender after serving a prison sentence is entitled. The bill provides for the payment of annuity compensation payable in equal monthly installments and the payment of certain tuition and fees to persons entitled to compensation for wrongful imprisonment and modifies provisions regarding the administrative procedures relating to the application for and payment of  lump-sum compensation and annuity payments. The bill repeals provisions relating to a person's right to file a suit against the state for compensation.

            House Bill 1736 amends provisions of the Government Code regarding reentry and reintegration services for wrongfully imprisoned persons. The bill requires the Texas Department of Criminal Justice (TDCJ) to develop a comprehensive plan to ensure the successful reentry and reintegration of such persons into the community following discharge from TDCJ. The plan must include certain training for, and provide certain identification documents and financial assistance to, wrongfully imprisoned persons to aid with the reentry and reintegration process and to cover living expenses.

            House Bill 1736 amends the Health and Safety Code to require the Texas Correctional Office on Offenders with Medical or Mental Impairments to develop a plan to assist wrongfully imprisoned persons who are discharged from TDCJ in accessing and obtaining certain medical and transitional support services.