80R873 KFF-D
 
  By: Ellis S.B. No. 167
 
 
 
   
 
 
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, 2007
.