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A BILL TO BE ENTITLED
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AN ACT
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relating to compensation for wrongful imprisonment. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 103.052, Civil Practice and Remedies |
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Code, is amended by amending Subsection (a) and adding Subsection |
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(a-1) to read as follows: |
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(a) Except as provided by Subsection (a-1), a [A] person who |
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meets the requirements of Section 103.001 is entitled to |
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compensation in an amount equal to $50,000[:
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[(1)$25,000] multiplied by the number of years served |
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in prison, expressed as a fraction to reflect partial years[, if the
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time served is less than 20 years; or
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[(2)$500,000 if the time served is 20 years or more]. |
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(a-1) A person sentenced to death who meets the requirements |
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of Section 103.001 is entitled to compensation in an amount equal to |
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$100,000 multiplied by the number of years served in prison, |
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expressed as a fraction to reflect partial years. |
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SECTION 2. Subsection (c), Section 103.105, Civil Practice |
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and Remedies Code, is repealed. |
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SECTION 3. (a) The change in law made by this Act to |
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Section 103.052, Civil Practice and Remedies Code, applies to an |
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administrative proceeding for compensation for wrongful |
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imprisonment for which the application is filed on or after the |
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effective date of this Act. An application filed before the |
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effective date of this Act is governed by the law in effect on the |
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date of the filing, and that law is continued in effect for that |
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purpose. |
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(b) The change in law made by this Act to Section 103.105, |
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Civil Practice and Remedies Code, applies to an action: |
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(1) commenced on or after the effective date of this |
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Act; or |
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(2) pending on that effective date and in which the |
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trial, or any new trial or retrial following motion, appeal, or |
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otherwise, begins on or after that effective date. |
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(c) In an action commenced before the effective date of this |
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Act, a trial, new trial, or retrial that is in progress on the |
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effective date is governed by the law applicable to the trial, new |
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trial, or retrial immediately before the effective date, and that |
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law is continued in effect for that purpose. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |