1-1 AN ACT
1-2 relating to compensation to persons wrongfully imprisoned.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Chapter 103, Civil Practice and Remedies Code, is
1-5 amended to read as follows:
1-6 CHAPTER 103. COMPENSATION TO PERSONS WRONGFULLY IMPRISONED
1-7 SUBCHAPTER A. ELIGIBILITY AND CHOICE OF COMPENSATION METHOD
1-8 Sec. 103.001. Claimants Entitled to Compensation. (a) A
1-9 person is entitled to compensation if [the person]:
1-10 (1) the person has served in whole or in part a
1-11 sentence in prison under the laws of this state;
1-12 [(2) pleaded "not guilty" to the charge for which he
1-13 was convicted and that led to the imprisonment;]
1-14 [(3) is not guilty of the crime for which he was
1-15 sentenced;] and
1-16 (2) the person:
1-17 (A) [(4)] has received a full pardon on the
1-18 basis of innocence for the crime [and punishment] for which the
1-19 person [he] was sentenced; or
1-20 (B) has been granted relief on the basis of
1-21 actual innocence of the crime for which the person was sentenced.
1-22 (b) A person is not entitled to compensation under
1-23 Subsection (a) for any part of a sentence in prison during which
1-24 the person was also serving a concurrent sentence for another crime
1-25 to which Subsection (a) does not apply.
2-1 Sec. 103.002. CHOICE OF COMPENSATION METHOD. A person
2-2 entitled to compensation under Section 103.001 may proceed by
2-3 following the provisions for administratively awarded compensation
2-4 under Subchapter B or by filing suit under Subchapter C, but a
2-5 person may not seek compensation under both Subchapters B and C.
2-6 Sec. 103.003. LIMITATION ON TIME TO FILE. Not later than
2-7 the third anniversary of the date the person received the pardon or
2-8 was found not guilty as required by Section 103.001, a person
2-9 seeking compensation under this chapter must:
2-10 (1) file an application with the comptroller for
2-11 compensation under Subchapter B; or
2-12 (2) file suit against the state for compensation under
2-13 Subchapter C.
2-14 SUBCHAPTER B. ADMINISTRATIVE PROCEEDING
2-15 Sec. 103.051. APPLICATION PROCEDURE. (a) To apply for
2-16 compensation under this subchapter, the claimant must file with the
2-17 judicial section of the comptroller's office:
2-18 (1) an application for compensation provided for that
2-19 purpose by the comptroller;
2-20 (2) a verified copy of the pardon or court order
2-21 justifying the application for compensation; and
2-22 (3) a statement provided by the Texas Department of
2-23 Criminal Justice verifying the length of incarceration.
2-24 (b) The comptroller shall determine:
2-25 (1) the eligibility of the claimant; and
2-26 (2) the amount of compensation owed to an eligible
3-1 claimant.
3-2 (c) The comptroller must make a determination of eligibility
3-3 and the amount owed as required by Subsection (b) not later than
3-4 the 45th day after the date the application is received.
3-5 (d) If the comptroller denies the claim, the comptroller
3-6 must state the reason for the denial. Not later than the 10th day
3-7 after the date the denial is received, the claimant must submit an
3-8 application to cure any problem identified. Not later than the
3-9 45th day after the date an application is received under this
3-10 subsection, the comptroller shall determine the claimant's
3-11 eligibility and the amount owed.
3-12 (e) If the comptroller denies a claim after the claimant
3-13 submits an application under Subsection (d), the claimant may bring
3-14 an action for mandamus relief.
3-15 Sec. 103.052. AMOUNT AND TIMING OF COMPENSATION. (a) A
3-16 person who meets the requirements of Section 103.001 is entitled to
3-17 compensation in an amount equal to:
3-18 (1) $25,000 multiplied by the number of years served
3-19 in prison, expressed as a fraction to reflect partial years, if the
3-20 time served is less than 20 years; or
3-21 (2) $500,000 if the time served is 20 years or more.
3-22 (b) A person who is owed an amount of compensation equal to
3-23 or greater than $50,000 shall be paid in two equal annual
3-24 installments.
3-25 (c) If requested by the claimant, the Texas Department of
3-26 Mental Health and Mental Retardation shall provide appropriate
4-1 counseling for one year to the claimant at a mutually agreed-on
4-2 location at no charge to the claimant.
4-3 SUBCHAPTER C. FILING SUIT
4-4 Sec. 103.101 [103.002]. WAIVER OF IMMUNITY; FILING SUIT.
4-5 (a) A person may bring a suit against the state under this
4-6 subchapter [chapter], and the state's immunity from the suit is
4-7 waived.
4-8 (b) The suit must be initiated by a verified petition
4-9 alleging that the petitioner is entitled to compensation.
4-10 (c) The suit shall be brought in a court of competent
4-11 jurisdiction either in the county of the petitioner's [his]
4-12 residence at the time the suit is commenced or in Travis County.
4-13 (d) Citation must be served on the state by serving the
4-14 attorney general. The attorney general shall represent the state
4-15 in the proceeding.
4-16 Sec. 103.102 [103.003]. STANDARD OF PROOF. The petitioner
4-17 must establish by a preponderance of the evidence that the
4-18 petitioner [he] is entitled to compensation and the amount of
4-19 compensation to which the petitioner [he] is entitled.
4-20 Sec. 103.103 [103.004]. INSUFFICIENT STATE DEFENSES. The
4-21 following are not defenses to an action brought under this chapter:
4-22 (1) the judgment of conviction in the trial that
4-23 resulted in the claimant's imprisonment; or
4-24 (2) an indictment, information, complaint, or other
4-25 formal accusation.
4-26 Sec. 103.104 [103.005]. ADMISSIBLE EVIDENCE. (a) In the
5-1 suit, the court may admit as evidence the record of the trial at
5-2 which the petitioner was convicted and the pardon or proclamation
5-3 issued to the petitioner [him] by the governor.
5-4 (b) The court may also admit all court papers, orders,
5-5 docket notations, or other writings of record in any court in this
5-6 state as proof of the facts set forth in the writings.
5-7 Sec. 103.105 [103.006]. DAMAGES. (a) If the trier of fact
5-8 finds that the petitioner is entitled to compensation, the
5-9 petitioner is entitled to:
5-10 (1) expenses incurred by the petitioner in connection
5-11 with all associated criminal proceedings and appeals and in
5-12 connection with obtaining the petitioner's discharge from
5-13 imprisonment, including any fine or court costs paid and reasonable
5-14 attorney's fees, including reasonable attorney's fees for
5-15 prosecuting the lawsuit under this subchapter;
5-16 (2) wages, salary, or other earned income that was
5-17 lost as a direct result of the arrest, prosecution, conviction, or
5-18 wrongful imprisonment; and
5-19 (3) medical and counseling expenses incurred by the
5-20 petitioner as a direct result of the arrest, prosecution,
5-21 conviction, or wrongful imprisonment.
5-22 (b) In determining the sum of money owed to the petitioner,
5-23 the trier of fact may not deduct any expenses incurred by the state
5-24 or any of its political subdivisions in connection with the arrest,
5-25 prosecution, conviction, and wrongful imprisonment of the
5-26 petitioner, including expenses for food, clothing, shelter, and
6-1 medical services.
6-2 (c) [If the jury or the judge in a nonjury trial finds that
6-3 the claimant is entitled to compensation, the jury or judge shall
6-4 assess damages to compensate the claimant fairly and reasonably
6-5 for:]
6-6 [(1) physical and mental pain and suffering sustained
6-7 by him as a proximate result of the erroneous conviction or
6-8 imprisonment from the time of the conviction by the trial court;
6-9 and]
6-10 [(2) all reasonable and necessary medical expenses
6-11 incurred by him as a proximate result of the erroneous conviction
6-12 or imprisonment from the time of the conviction by the trial court.]
6-13 [(b) Damages assessed for physical and mental pain and
6-14 suffering may not exceed $25,000.] Total damages assessed under
6-15 this subchapter [chapter] may not exceed $500,000 [$50,000].
6-16 SUBCHAPTER D. PAYMENTS AND LIMITATIONS
6-17 Sec. 103.151. ADMINISTRATIVE PAYMENT OF COMPENSATION.
6-18 (a) The comptroller shall make the first installment payment due
6-19 an applicant under Subchapter B, to the extent that funds are
6-20 available and appropriated for that purpose, not later than the
6-21 30th day after the date the comptroller grants the application.
6-22 (b) The comptroller shall pay the amount of the second
6-23 installment payment on the first anniversary of the date of the
6-24 first installment.
6-25 (c) If appropriated funds are insufficient to pay the amount
6-26 due an applicant, money shall be paid under the procedure described
7-1 by Section 103.152.
7-2 Sec. 103.152. PAYMENT OF COMPENSATION. (a) Not later than
7-3 November 1 of each even-numbered year, the comptroller shall
7-4 provide a list of claimants entitled to payment under Subchapter B
7-5 or C and the amounts due for each claimant to the governor, the
7-6 lieutenant governor, and the chair of the appropriate committee in
7-7 each house of the legislature so that the legislature may
7-8 appropriate the amount needed to pay each claimant the amount owed.
7-9 (b) Not later than September 1 of the year in which an
7-10 appropriation under this chapter has been made by the legislature,
7-11 the comptroller shall pay the required amount to each claimant.
7-12 Sec. 103.153. EMPLOYEES NOT LIABLE AFTER PAYMENT OF
7-13 COMPENSATION. (a) In this section, "employee" and "governmental
7-14 unit" have the meanings assigned by Section 101.001.
7-15 (b) A person who receives compensation under this chapter
7-16 may not bring any action involving the same subject matter,
7-17 including an action involving the person's arrest, conviction, or
7-18 length of confinement, against any governmental unit or an employee
7-19 of any governmental unit.
7-20 Sec. 103.154. TERMINATION OF PAYMENTS. (a) Compensation
7-21 payments to a person under this chapter terminate if, after the
7-22 date the person becomes eligible for compensation under Section
7-23 103.001, the person is convicted of a crime punishable as a felony.
7-24 Compensation payments terminate under this subsection on the date
7-25 of the subsequent conviction.
7-26 (b) Compensation payments to a person under this chapter
8-1 terminate on the date of the person's death. Any payments
8-2 scheduled to be paid after that date are credited to the state and
8-3 may not be paid to any other person, including the person's
8-4 surviving spouse, heirs, devisees, or beneficiaries under the
8-5 person's will, or to the person's estate.
8-6 [Sec. 103.007. LIMITATION OF ACTION. (a) A person who
8-7 claims compensation for a sentence served in whole or in part after
8-8 August 30, 1965, must bring the action within two years after:]
8-9 [(1) the person ceased serving the sentence of
8-10 imprisonment;]
8-11 [(2) the person was released from custody; or]
8-12 [(3) the person discovered or should have discovered
8-13 the evidence substantiating his innocence.]
8-14 [(b) A person who claims compensation for a sentence served
8-15 before August 30, 1965, must bring the action within two years
8-16 after he discovered or should have discovered the evidence
8-17 substantiating his innocence.]
8-18 SECTION 2. Section 403.074, Government Code, is amended by
8-19 amending Subsections (b) and (d) and adding Subsection (g) to read
8-20 as follows:
8-21 (b) Except as provided by Subsection (g), the [The]
8-22 comptroller may not pay a miscellaneous claim unless the claim has
8-23 been:
8-24 (1) verified and substantiated by an authorized
8-25 employee of the state agency whose special fund or account is to be
8-26 charged for the claim;
9-1 (2) verified by the attorney general as a legally
9-2 enforceable obligation of the state; and
9-3 (3) certified by the claimant as due and unpaid.
9-4 (d) Except as provided by Subsection (g), the [The]
9-5 comptroller may not pay under this section a single claim in excess
9-6 of $25,000, or an aggregate of claims by a single claimant during a
9-7 biennium in excess of $25,000. For the purposes of this subsection,
9-8 all claims that were originally held by one person are considered
9-9 held by a single claimant regardless of whether those claims were
9-10 later transferred.
9-11 (g) The comptroller shall pay under this section any claim
9-12 that satisfies the requirements of Subchapter B, Chapter 103, Civil
9-13 Practice and Remedies Code, as provided by Section 103.151, Civil
9-14 Practice and Remedies Code.
9-15 SECTION 3. (a) A person who has not received compensation
9-16 under Chapter 103, Civil Practice and Remedies Code, as it existed
9-17 before the effective date of this Act, including a person who has
9-18 brought a suit under that chapter but whose suit has not been
9-19 settled or finally adjudicated, may, subject to Section 103.003,
9-20 Civil Practice and Remedies Code, as added by this Act, file an
9-21 application for compensation under Subchapter B, Chapter 103, Civil
9-22 Practice and Remedies Code, as added by this Act.
9-23 (b) A person may not obtain compensation under both Chapter
9-24 103, Civil Practice and Remedies Code, as it existed before the
9-25 effective date of this Act, and Chapter 103, Civil Practice and
9-26 Remedies Code, as amended by this Act.
10-1 SECTION 4. (a) Except as provided by Subsection (c) of this
10-2 section, Subchapters A, C, and D, Chapter 103, Civil Practice and
10-3 Remedies Code, as amended by this Act, apply to all actions:
10-4 (1) commenced on or after the effective date of this
10-5 Act; or
10-6 (2) pending on that effective date and in which the
10-7 trial, or any new trial or retrial following motion, appeal, or
10-8 otherwise, begins on or after that effective date.
10-9 (b) In an action commenced before the effective date of this
10-10 Act, a trial, new trial, or retrial that is in progress on the
10-11 effective date is governed by the law applicable to the trial, new
10-12 trial, or retrial immediately before the effective date, and that
10-13 law is continued in effect for that purpose.
10-14 (c) This section does not apply to a person who elects to
10-15 file an application for compensation under Subchapter B, Chapter
10-16 103, Civil Practice and Remedies Code, as added by this Act.
10-17 SECTION 5. This Act takes effect immediately if it receives
10-18 a vote of two-thirds of all the members elected to each house, as
10-19 provided by Section 39, Article III, Texas Constitution. If this
10-20 Act does not receive the vote necessary for immediate effect, this
10-21 Act takes effect September 1, 2001.
S.B. No. 536
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 536 passed the Senate on
April 17, 2001, by a viva-voce vote; May 22, 2001, Senate refused
to concur in House amendments and requested appointment of
Conference Committee; May 24, 2001, House granted request of the
Senate; May 27, 2001, Senate adopted Conference Committee Report by
the following vote: Yeas 30, Nays 0, one present not voting.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 536 passed the House, with
amendments, on May 18, 2001, by the following vote: Yeas 140,
Nays 0, two present not voting; May 24, 2001, House granted request
of the Senate for appointment of Conference Committee;
May 26, 2001, House adopted Conference Committee Report by the
following vote: Yeas 142, Nays 0, one present not voting.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor