79R652 SGA-D

By:  Ellis                                                        S.B. No. 87 



A BILL TO BE ENTITLED

AN ACT

relating to the administrative procedure for compensation for 
wrongful imprisonment.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 103.051(a), Civil Practice and Remedies 
Code, is amended 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 
justifying the application for compensation; and
		(3)  a statement provided by the Texas Department of 
Criminal Justice verifying the length of incarceration[; and
		[(4)  a certification of the claimant's actual 
innocence of the crime for which the claimant was sentenced that is 
signed by the attorney representing the state in the prosecution of 
felonies in the county in which the sentence was rendered].
	SECTION 2.  The change in law made by this Act applies only 
to an application for compensation under Section 103.051, Civil 
Practice and Remedies Code, that is filed on or after the effective 
date of this Act.  An application filed before the effective date of 
this Act is governed by the law as it existed on the date of filing, 
and that law is continued in effect for that purpose.
	SECTION 3.  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, 2005.