By Ellis, et al. S.B. No. 536
Substitute the following for S.B. No. 536:
By Dutton C.S.S.B. No. 536
A BILL TO BE ENTITLED
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 Sec. 103.001. Claimants Entitled to Compensation. (a) A
1-8 person is entitled to compensation if [the person]:
1-9 (1) the person:
1-10 (A) has served in whole or in part a sentence in
1-11 prison under the laws of this state; and
1-12 (B) [(2) pleaded "not guilty" to the charge for
1-13 which he was convicted and that led to the imprisonment;]
1-14 [(3)] is not guilty of the crime for which the person
1-15 [he] was 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
2-1 to which Subsection (a) does not apply.
2-2 Sec. 103.002. APPLICATION PROCEDURE. (a) As part of a
2-3 pardon or court order under Section 103.001, the governor or the
2-4 court, as applicable, shall state in writing that the person who is
2-5 the subject of the order or pardon and who meets the requirements
2-6 of Section 103.001 is entitled to compensation under this chapter.
2-7 (b) The claimant must file with the Board of Pardons and
2-8 Paroles:
2-9 (1) an application for compensation; and
2-10 (2) a verified copy of the pardon or court order
2-11 authorizing compensation under Subsection (a).
2-12 (c) The Board of Pardons and Paroles may consult with the
2-13 attorney general and shall determine:
2-14 (1) the eligibility of the claimant; and
2-15 (2) the amount of compensation owed to an eligible
2-16 claimant.
2-17 (d) The Board of Pardons and Paroles must make a
2-18 determination of eligibility and the amount owed as required by
2-19 Subsection (c) not later than the 90th day after the date the
2-20 application is received.
2-21 Sec. 103.003. AMOUNT AND TIMING OF COMPENSATION. (a) A
2-22 person who meets the requirements of Section 103.001 is entitled to
2-23 compensation in an amount equal to:
2-24 (1) $20,000 multiplied by the number of years served
2-25 in prison, expressed as a fraction to reflect partial years, if the
2-26 time served is less than 10 years; or
2-27 (2) $250,000 if the time served is 10 years or more.
3-1 (b) A person who is owed an amount of compensation equal to
3-2 or greater than $40,000 shall be paid in four equal annual
3-3 installments.
3-4 (c) Compensation payments to a person under Subsection (a)
3-5 or (b) terminate if, after the date the person becomes eligible for
3-6 compensation under Section 103.001, the person is convicted of a
3-7 crime punishable as a felony. Compensation payments terminate
3-8 under this subsection on the date of the subsequent conviction.
3-9 Sec. 103.004. PAYMENT OF COMPENSATION. (a) Not later than
3-10 November 1 of each even-numbered year, the Board of Pardons and
3-11 Paroles shall provide a list of claimants and the amounts due for
3-12 each claimant to the governor, the lieutenant governor, and the
3-13 chair of the appropriate committee in each house of the legislature
3-14 so that the legislature may appropriate the amount needed to pay
3-15 each claimant the amount owed.
3-16 (b) Not later than September 1 of the year in which an
3-17 appropriation under this chapter has been made by the legislature,
3-18 the comptroller shall pay the required amount to each claimant.
3-19 Sec. 103.005. LIMITATION ON TIME TO FILE APPLICATION. A
3-20 person applying for compensation under Section 103.002 must file an
3-21 application with the Board of Pardons and Paroles not later than
3-22 the second anniversary of the date the person received the pardon
3-23 or was found not guilty as required by Section 103.001.
3-24 Sec. 103.006. EMPLOYEES NOT LIABLE AFTER PAYMENT OF
3-25 COMPENSATION. (a) In this section, "employee" and "governmental
3-26 unit" have the meanings assigned by Section 101.001.
3-27 (b) A person who receives compensation under this chapter
4-1 may not bring any action involving the same subject matter,
4-2 including an action involving the person's arrest, conviction, or
4-3 length of confinement, against any governmental unit or an employee
4-4 of any governmental unit.
4-5 [Sec. 103.002. WAIVER OF IMMUNITY; FILING SUIT. (a) A
4-6 person may bring a suit against the state under this chapter, and
4-7 the state's immunity from the suit is 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 his residence at the time the
4-12 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. 103.003. STANDARD OF PROOF. The petitioner must
4-17 establish by a preponderance of the evidence that he is entitled to
4-18 compensation and the amount of compensation to which he is
4-19 entitled.]
4-20 [Sec. 103.004. INSUFFICIENT STATE DEFENSES. The following
4-21 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. 103.005. ADMISSIBLE EVIDENCE. (a) In the suit, the
4-27 court may admit as evidence the record of the trial at which the
5-1 petitioner was convicted and the pardon or proclamation issued to
5-2 him by the governor.]
5-3 [(b) The court may also admit all court papers, orders,
5-4 docket notations, or other writings of record in any court in this
5-5 state as proof of the facts set forth in the writings.]
5-6 [Sec. 103.006. DAMAGES. (a) If the jury or the judge in a
5-7 nonjury trial finds that the claimant is entitled to compensation,
5-8 the jury or judge shall assess damages to compensate the claimant
5-9 fairly and reasonably for:]
5-10 [(1) physical and mental pain and suffering sustained
5-11 by him as a proximate result of the erroneous conviction or
5-12 imprisonment from the time of the conviction by the trial court;
5-13 and]
5-14 [(2) all reasonable and necessary medical expenses
5-15 incurred by him as a proximate result of the erroneous conviction
5-16 or imprisonment from the time of the conviction by the trial court.]
5-17 [(b) Damages assessed for physical and mental pain and
5-18 suffering may not exceed $25,000. Total damages assessed under
5-19 this chapter may not exceed $50,000.]
5-20 [Sec. 103.007. LIMITATION OF ACTION. (a) A person who
5-21 claims compensation for a sentence served in whole or in part after
5-22 August 30, 1965, must bring the action within two years after:]
5-23 [(1) the person ceased serving the sentence of
5-24 imprisonment;]
5-25 [(2) the person was released from custody; or]
5-26 [(3) the person discovered or should have discovered
5-27 the evidence substantiating his innocence.]
6-1 [(b) A person who claims compensation for a sentence served
6-2 before August 30, 1965, must bring the action within two years
6-3 after he discovered or should have discovered the evidence
6-4 substantiating his innocence.]
6-5 SECTION 2. (a) A person who has not received compensation
6-6 under Chapter 103, Civil Practice and Remedies Code, as it existed
6-7 before the effective date of this Act, including a person who has
6-8 brought a suit under that chapter but whose suit has not been
6-9 settled or finally adjudicated, may, subject to Section 103.005,
6-10 Civil Practice and Remedies Code, as added by this Act, file an
6-11 application for compensation under Chapter 103, Civil Practice and
6-12 Remedies Code, as amended by this Act.
6-13 (b) A person seeking compensation under Chapter 103, Civil
6-14 Practice and Remedies Code, as amended by this Act, who, before the
6-15 effective date of this Act, obtained a pardon or was found not
6-16 guilty in a new trial, as required by Section 103.001, Civil
6-17 Practice and Remedies Code, as amended by this Act, may apply to
6-18 the governor or to the court for a written statement substantially
6-19 complying with Section 103.002(a), Civil Practice and Remedies
6-20 Code, as added by this Act.
6-21 (c) A person may not obtain compensation under both Chapter
6-22 103, Civil Practice and Remedies Code, as it existed before the
6-23 effective date of this Act, and Chapter 103, Civil Practice and
6-24 Remedies Code, as amended by this Act.
6-25 SECTION 3. This Act takes effect immediately if it receives
6-26 a vote of two-thirds of all the members elected to each house, as
6-27 provided by Section 39, Article III, Texas Constitution. If this
7-1 Act does not receive the vote necessary for immediate effect, this
7-2 Act takes effect September 1, 2001.