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A BILL TO BE ENTITLED
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AN ACT
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relating to compensating persons wrongfully incarcerated for |
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interest paid or owed on college loans. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 103.105, Civil Practice and Remedies |
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Code, is amended by amending Subsection (a) and adding Subsection |
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(d) 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) for a loan used to pay the costs of attending a |
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public or private institution of higher education in this state |
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held by the petitioner any time during the period beginning on the |
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date of the arrest of the petitioner and ending on the date the |
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trier of fact found, the amount of interest that the petitioner paid |
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or owed on the loan for that period. |
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(d) The amount of damages awarded by the trier of fact under |
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Subsection (a)(4) does not apply toward the limit on total damages |
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under Subsection (c). |
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SECTION 2. This Act applies to damages awarded under |
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Chapter 103, Civil Practice and Remedies Code, without regard to |
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whether the suit commenced before, on, or after the effective date |
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of this Act. |
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SECTION 3. 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. |