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A BILL TO BE ENTITLED
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AN ACT
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relating to the payment of child support obligations on behalf of |
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persons wrongfully imprisoned. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 103.051(a), Civil Practice and Remedies |
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Code, is amended to read as follows: |
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(a) To apply for compensation under this subchapter, the |
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claimant must file with the comptroller's judiciary section: |
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(1) an application for compensation provided for that |
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purpose by the comptroller; |
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(2) a verified copy of the pardon or court order |
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justifying the application for compensation; |
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(3) a statement provided by the Texas Department of |
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Criminal Justice verifying the length of incarceration; [and] |
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(4) a certification of the claimant's actual innocence |
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of the crime for which the claimant was sentenced that is signed by |
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the attorney representing the state in the prosecution of felonies |
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in the county in which the sentence was rendered; and |
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(5) if the claimant is applying for compensation under |
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Section 103.052(a)(2), a certified copy of each child support order |
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under which child support payments became due during the time the |
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claimant served in prison and copies of the official child support |
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payment records described by Section 234.009, Family Code, for that |
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period. |
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SECTION 2. Section 103.052, Civil Practice and Remedies |
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Code, is amended by amending Subsections (a) and (b) and adding |
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Subsection (d) to read as follows: |
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(a) A person who meets the requirements of Section 103.001 |
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is entitled to: |
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(1) compensation in an amount equal to: |
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(A) [(1)] $25,000 multiplied by the number of |
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years served in prison, expressed as a fraction to reflect partial |
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years, if the time served is less than 20 years; or |
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(B) [(2)] $500,000 if the time served is 20 years |
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or more; and |
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(2) compensation for child support payments owed by |
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the person that became due and interest on child support arrearages |
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that accrued during the time served in prison but were not paid. |
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(b) A person who is owed an amount of compensation under |
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Subsection (a)(1) equal to or greater than $50,000 shall be paid |
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that compensation in two equal annual installments. |
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(d) The amount of compensation under Subsection (a)(2) to |
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which a person is entitled shall be paid on the person's behalf in a |
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lump-sum payment to the state disbursement unit, as defined by |
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Section 101.0302, Family Code, for distribution to the obligee |
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under the child support order. |
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SECTION 3. Subchapter C, Chapter 103, Civil Practice and |
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Remedies Code, is amended by adding Section 103.1041 to read as |
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follows: |
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Sec. 103.1041. REQUIRED EVIDENCE. A claimant who brings a |
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suit under this subchapter for compensation under Section |
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103.052(a)(2) must submit to the court as evidence a certified copy |
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of each child support order under which child support payments |
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became due during the time the claimant served in prison and copies |
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of the official child support payment records described by Section |
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234.009, Family Code, for that period. |
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SECTION 4. Sections 103.105(a) and (c), Civil Practice and |
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Remedies Code, are amended to read as follows: |
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(a) If the trier of fact finds that the petitioner is |
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entitled to compensation, the petitioner is entitled to: |
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(1) expenses incurred by the petitioner in connection |
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with all associated criminal proceedings and appeals and in |
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connection with obtaining the petitioner's discharge from |
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imprisonment, including any fine or court costs paid and reasonable |
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attorney's fees, including reasonable attorney's fees for |
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prosecuting the lawsuit under this subchapter; |
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(2) wages, salary, or other earned income that was |
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lost as a direct result of the arrest, prosecution, conviction, or |
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wrongful imprisonment; [and] |
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(3) medical and counseling expenses incurred by the |
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petitioner as a direct result of the arrest, prosecution, |
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conviction, or wrongful imprisonment; and |
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(4) child support payments owed by the petitioner that |
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became due and interest on child support arrearages that accrued |
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during the time served in prison but were not paid. |
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(c) Excluding the amount of child support payments and |
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interest on child support arrearages under Subsection (a)(4), total |
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[Total] damages assessed under this subchapter may not exceed |
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$500,000. |
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SECTION 5. Sections 103.151(a) and (c), Civil Practice and |
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Remedies Code, are amended to read as follows: |
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(a) The comptroller shall make the first installment |
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payment due an applicant and the lump-sum payment, if any, to be |
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paid to the state disbursement unit, as defined by Section |
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101.0302, Family Code, under Subchapter B, to the extent that funds |
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are available and appropriated for that purpose, not later than the |
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30th day after the date the comptroller grants the application. |
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(c) If appropriated funds are insufficient to pay the amount |
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due an applicant and the amount to be paid to the state disbursement |
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unit, as defined by Section 101.0302, Family Code, money shall be |
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paid under the procedure described by Section 103.152. |
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SECTION 6. Section 103.152, Civil Practice and Remedies |
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Code, is amended to read as follows: |
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Sec. 103.152. PAYMENT OF COMPENSATION. (a) Not later than |
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November 1 of each even-numbered year, the comptroller shall |
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provide a list of claimants entitled to payment under Subchapter B |
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or C and the amounts due for each claimant to the governor, the |
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lieutenant governor, and the chair of the appropriate committee in |
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each house of the legislature so that the legislature may |
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appropriate the amount needed to pay the amount owed to each |
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claimant and the amount to be paid to the state disbursement unit, |
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as defined by Section 101.0302, Family Code, on the claimant's |
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behalf [the amount owed]. |
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(b) Not later than September 1 of the year in which an |
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appropriation under this chapter has been made by the legislature, |
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the comptroller shall pay the required amount to each claimant and |
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the state disbursement unit, as defined by Section 101.0302, Family |
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Code. |
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(c) The amount of compensation awarded under Section |
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103.105(a)(4) must be paid on the claimant's behalf in a lump-sum |
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payment to the state disbursement unit, as defined by Section |
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101.0302, Family Code, for distribution to the obligee under the |
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child support order. |
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SECTION 7. Section 103.154, Civil Practice and Remedies |
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Code, is amended to read as follows: |
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Sec. 103.154. TERMINATION OF PAYMENTS. (a) Except as |
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provided by Subsection (c), compensation [Compensation] payments |
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to a person under this chapter terminate if, after the date the |
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person becomes eligible for compensation under Section 103.001, the |
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person is convicted of a crime punishable as a felony. Compensation |
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payments terminate under this subsection on the date of the |
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subsequent conviction. |
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(b) Except as provided by Subsection (c), compensation |
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[Compensation] payments to a person under this chapter terminate on |
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the date of the person's death. Any payments scheduled to be paid |
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after that date are credited to the state and may not be paid to any |
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other person, including the person's surviving spouse, heirs, |
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devisees, or beneficiaries under the person's will, or to the |
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person's estate. |
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(c) This section does not apply to compensation for child |
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support payments and interest on child support arrearages to be |
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paid on a person's behalf under this chapter to the state |
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disbursement unit, as defined by Section 101.0302, Family Code. |
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SECTION 8. The changes in law made by this Act apply to an |
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action or application for compensation under Chapter 103, Civil |
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Practice and Remedies Code, as amended by this Act, that is pending |
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or commenced on or after the effective date of this Act. |
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SECTION 9. This Act takes effect September 1, 2007. |