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A BILL TO BE ENTITLED
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AN ACT
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relating to the administrative procedure for compensation for |
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wrongful imprisonment. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 103.051, Civil Practice and Remedies |
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Code, is amended by amending Subsection (a) and adding Subsection |
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(b-1) 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; and |
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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
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innocence of the crime for which the claimant was sentenced that is
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signed by the attorney representing the state in the prosecution of
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felonies in the county in which the sentence was rendered]. |
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(b-1) In determining the eligibility of a claimant, the |
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comptroller shall consider only the verified copy of the pardon or |
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court order filed by the claimant under Subsection (a). If the |
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pardon or court order does not clearly indicate on its face that the |
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pardon or the court order was granted or rendered on the basis of |
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the claimant's actual innocence of the crime for which the claimant |
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was sentenced, the comptroller shall deny the claim. The |
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comptroller's duty to determine the eligibility of a claimant under |
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this section is purely ministerial. |
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SECTION 2. The change in law made by this Act applies only |
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to an application for compensation under Section 103.051, Civil |
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Practice and Remedies Code, that is filed on or after the effective |
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date of this Act. An application filed before the effective date of |
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this Act is governed by the law as it existed on the date of filing, |
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and that law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2007. |