By Gallego H.B. No. 1057
77R3997 SGA-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to compensation for wrongful conviction.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 103.001, Civil Practice and Remedies
1-5 Code, is amended to read as follows:
1-6 Sec. 103.001. CLAIMANTS ENTITLED TO COMPENSATION. A person
1-7 is entitled to compensation if:
1-8 (1) on the basis of the person's innocence, the person
1-9 has received a full pardon for the crime and punishment for which
1-10 the person was sentenced; or
1-11 (2) the person:
1-12 (A) [(1)] has served in whole or in part a
1-13 sentence in prison under the laws of this state;
1-14 (B) [(2)] pleaded "not guilty" to the charge for
1-15 which he was convicted and that led to the imprisonment;
1-16 (C) [(3)] is not guilty of the crime for which
1-17 he was sentenced; and
1-18 (D) has a sworn statement that:
1-19 (i) states that the evidence available at
1-20 the time of the statement indicates the person was convicted in
1-21 error; and
1-22 (ii) is signed by other persons who are,
1-23 at the time of the statement, the sheriff, prosecuting attorney,
1-24 and judge in the county and court of offense, conviction, and
2-1 release [(4) has received a full pardon for the crime and
2-2 punishment for which he was sentenced].
2-3 SECTION 2. Chapter 103, Civil Practice and Remedies Code, is
2-4 amended by adding Section 103.008 to read as follows:
2-5 Sec. 103.008. EMPLOYEES NOT LIABLE AFTER SETTLEMENT OR
2-6 JUDGMENT. (a) In this section, "employee" and "governmental unit"
2-7 have the meanings assigned by Section 101.001.
2-8 (b) A judgment in an action or a settlement of a claim under
2-9 this chapter that results in compensation to the claimant bars any
2-10 other action involving the same subject matter by the claimant
2-11 against a governmental unit or an employee of a governmental unit.
2-12 SECTION 3. (a) This Act applies to all actions for
2-13 compensation under Chapter 103, Civil Practice and Remedies Code:
2-14 (1) commenced on or after the effective date of this
2-15 Act; or
2-16 (2) pending on that effective date and in which the
2-17 trial, or any new trial or retrial following motion, appeal, or
2-18 otherwise, begins on or after that effective date.
2-19 (b) In an action commenced before the effective date of this
2-20 Act, a trial, new trial, or retrial that is in progress on the
2-21 effective date is governed by the law applicable to the trial, new
2-22 trial, or retrial immediately before the effective date, and that
2-23 law is continued in effect for that purpose.
2-24 SECTION 4. This Act takes effect immediately if it receives
2-25 a vote of two-thirds of all the members elected to each house, as
2-26 provided by Section 39, Article III, Texas Constitution. If this
2-27 Act does not receive the vote necessary for immediate effect, this
3-1 Act takes effect September 1, 2001.