|
|
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 |
|
. |