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A BILL TO BE ENTITLED
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AN ACT
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relating to compensation of and services to persons wrongfully |
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imprisoned. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. This Act shall be known as the Tim Cole Act. |
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SECTION 2. Section 103.001, Civil Practice and Remedies |
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Code, is amended by adding Subsection (c) to read as follows: |
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(c) If a deceased person would be entitled to compensation |
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under Subsection (a)(2) if living, including a person who received |
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a posthumous pardon, the person's heirs, legal representatives, and |
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estate are entitled to lump-sum compensation under Section 103.052. |
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SECTION 3. Section 103.003, Civil Practice and Remedies |
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Code, is amended to read as follows: |
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Sec. 103.003. LIMITATION ON TIME TO FILE. Not later than |
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the third anniversary of the date the person on whose imprisonment |
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the claim is based received the pardon or was granted relief [found
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not guilty] as required by Section 103.001, a person seeking |
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compensation under this chapter must[:
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[(1)] file an application with the comptroller for |
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compensation under Subchapter B[; or
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[(2)
file suit against the state for compensation
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under Subchapter C]. |
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SECTION 4. Section 103.051(a), Civil Practice and Remedies |
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Code, as amended by Chapters 1190 (H.B. 814) and 1388 (S.B. 1719), |
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Acts of the 80th Legislature, Regular Session, 2007, is reenacted |
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and amended 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 and any county or municipality that incarcerated |
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the person on whose imprisonment the claim is based in connection |
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with the relevant sentence verifying the length of incarceration; |
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(4) if applicable, a statement from the Department of |
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Public Safety verifying registration as a sex offender and length |
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of registration; |
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(5) if applicable, a statement from the Texas |
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Department of Criminal Justice verifying the length of time spent |
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on parole; and |
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(6) if the claimant is applying for compensation under |
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Section 103.052(a)(2), a certified copy of each child support order |
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under which child support payments became due during the time the |
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claimant served in prison and copies of the official child support |
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payment records described by Section 234.009, Family Code, for that |
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period. |
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SECTION 5. Section 103.052, Civil Practice and Remedies |
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Code, is amended to read as follows: |
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Sec. 103.052. LUMP-SUM [AMOUNT AND TIMING OF] COMPENSATION. |
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(a) A person who meets the requirements of Section 103.001 is |
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entitled to compensation in an amount equal to: |
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(1) $80,000 [$50,000] multiplied by the number of |
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years served in prison, expressed as a fraction to reflect partial |
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years; and |
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(2) compensation for child support payments owed by |
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the person on whose imprisonment the claim is based that became due |
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and interest on child support arrearages that accrued during the |
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time served in prison but were not paid. |
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[(a-1)
Notwithstanding Subsection (a)(1), a person
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sentenced to death who meets the requirements of Section 103.001 is
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entitled to compensation in an amount equal to $100,000 multiplied
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by the number of years served in prison, expressed as a fraction to
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reflect partial years.] |
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(b) A person who, after serving a sentence in a Texas prison |
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for which the person is entitled to compensation under Subsection |
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(a)(1), was released on parole or required to register as a sex |
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offender under Chapter 62, Code of Criminal Procedure, is entitled |
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to compensation in an amount equal to $25,000 multiplied by the |
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number of years served either on parole or as a registered sex |
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offender, expressed as a fraction to reflect partial years [A
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person who is owed an amount of compensation under Subsection
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(a)(1) or (a-1) equal to or greater than $50,000 shall be paid that
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compensation in two equal annual installments]. |
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(c) [If requested by the claimant, the Texas Department of
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Mental Health and Mental Retardation shall provide appropriate
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counseling for one year to the claimant at a mutually agreed-on
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location at no charge to the claimant.
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[(d)] The amount of compensation under Subsection (a)(2) to |
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which a person is entitled shall be paid on the person's behalf in a |
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lump-sum payment to the state disbursement unit, as defined by |
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Section 101.0302, Family Code, for distribution to the obligee |
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under the child support order. |
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SECTION 6. Subchapter B, Chapter 103, Civil Practice and |
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Remedies Code, is amended by adding Section 103.053 to read as |
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follows: |
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Sec. 103.053. ANNUITY COMPENSATION. (a) A person entitled |
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to compensation under Section 103.001(a) is entitled to annuity |
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payments, based on a present value sum equal to the amount to which |
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the person is entitled under Sections 103.052(a)(1) and (b). |
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(b) The annuity payments under this section are payable in |
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equal monthly installments for the life of the claimant and must be |
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based on a five percent per annum interest rate and other actuarial |
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factors within the discretion of the comptroller. |
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(c) The annuity payments may not be accelerated, deferred, |
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increased, or decreased. The applicant may not sell, mortgage or |
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otherwise encumber, or anticipate the payments, wholly or partly, |
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by assignment or otherwise. |
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SECTION 7. Section 103.151, Civil Practice and Remedies |
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Code, is amended to read as follows: |
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Sec. 103.151. ADMINISTRATIVE PAYMENT OF COMPENSATION. (a) |
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The comptroller shall make the compensation [first installment
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payment] due a claimant under Section 103.052 [an applicant] and |
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the lump-sum payment, if any, to be paid to the state disbursement |
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unit, as defined by Section 101.0302, Family Code, under Subchapter |
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B, to the extent that funds are available and appropriated for that |
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purpose, not later than the 30th day after the date the comptroller |
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grants the application. A claim for lump-sum compensation payable |
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under Section 103.052(a) or (b) shall survive the death of the |
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claimant in favor of the heirs, legal representatives, and estate |
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of the claimant. |
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(b) The comptroller shall begin making annuity payments to a |
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claimant under Section 103.053(a) on the first anniversary of the |
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date of payment of the compensation due under Section 103.052 [pay
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the amount of the second installment payment on the first
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anniversary of the date of the first installment]. |
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(c) If appropriated funds are insufficient to pay the amount |
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due a claimant [an applicant] and the amount to be paid to the state |
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disbursement unit, as defined by Section 101.0302, Family Code, |
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money shall be paid under the procedure described by Section |
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103.152. |
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SECTION 8. Section 103.152(a), Civil Practice and Remedies |
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Code, is amended to read as follows: |
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(a) Not later than November 1 of each even-numbered year, |
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the comptroller shall provide a list of claimants entitled to |
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payment under Subchapter B [or C] and the amounts due for each |
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claimant to the governor, the lieutenant governor, and the chair of |
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the appropriate committee in each house of the legislature so that |
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the legislature may appropriate the amount needed to pay the amount |
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owed to each claimant and the amount to be paid to the state |
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disbursement unit, as defined by Section 101.0302, Family Code, on |
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the claimant's behalf. |
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SECTION 9. Section 103.154(b), Civil Practice and Remedies |
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Code, is amended to read as follows: |
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(b) Annuity [Except as provided by Subsection (c),
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compensation] payments to a person under Section 103.151(b) [this
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chapter] terminate on the date of the person's death. Any payments |
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scheduled to be paid after that date are credited to the state and |
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may not be paid to any other person, including the person's |
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surviving spouse, heirs, devisees, or beneficiaries under the |
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person's will, or to the person's estate. |
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SECTION 10. Subchapter C, Chapter 501, Government Code, is |
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amended by adding Section 501.091 to read as follows: |
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Sec. 501.091. REENTRY AND REINTEGRATION SERVICES FOR |
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WRONGFULLY IMPRISONED PERSONS. (a) In this section, "wrongfully |
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imprisoned person" means a person who: |
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(1) has served wholly or partly a sentence in prison |
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under the laws of this state; and |
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(2) has: |
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(A) received a full pardon on the basis of |
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innocence for the crime for which the person was sentenced; or |
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(B) been granted relief on the basis of actual |
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innocence of the crime for which the person was sentenced. |
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(b) The department shall develop a comprehensive plan to |
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ensure the successful reentry and reintegration of wrongfully |
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imprisoned persons into the community following discharge from the |
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department. The reentry and reintegration plan developed under |
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this section must include: |
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(1) life-skills, job, and vocational training for a |
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wrongfully imprisoned person following discharge, for as long as |
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those services are beneficial to the person; |
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(2) a requirement that the department provide, before |
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a wrongfully imprisoned person is discharged from the department, |
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the person with any documents that are necessary after discharge, |
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including a state identification card; and |
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(3) the provision of financial assistance to aid a |
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wrongfully imprisoned person in the reentry and reintegration |
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process and in covering living expenses following discharge, in an |
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amount not to exceed $10,000. |
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(c) The provision of financial assistance under Subsection |
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(b)(3) shall be administered by the Texas Correctional Office on |
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Offenders with Medical or Mental Impairments or the department. |
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(d) The amount of financial assistance provided to a |
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wrongfully imprisoned person under Subsection (b)(3) shall be |
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deducted from the amount of compensation provided to the person |
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under Section 103.052, Civil Practice and Remedies Code. |
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(e) The department may contract with private vendors or |
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other entities to implement the comprehensive reentry and |
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reintegration plan required by this section. |
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SECTION 11. Chapter 614, Health and Safety Code, is amended |
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by adding Section 614.021 to read as follows: |
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Sec. 614.021. SERVICES FOR WRONGFULLY IMPRISONED PERSONS. |
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(a) In this section, "wrongfully imprisoned person" has the |
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meaning assigned by Section 501.091, Government Code. |
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(b) The office shall develop a plan to use existing case |
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management functions to assist wrongfully imprisoned persons who |
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are discharged from the Texas Department of Criminal Justice in: |
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(1) accessing medical and dental services, including |
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assistance in completing documents required for application to |
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federal entitlement programs; |
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(2) obtaining mental health treatment and related |
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support services through the public mental health system for as |
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long as the wrongfully imprisoned person requires assistance; and |
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(3) obtaining appropriate support services, as |
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identified by the wrongfully imprisoned person and the assigned |
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case manager, to assist the person in making the transition from |
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incarceration into the community. |
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(c) The office shall submit an annual report to the |
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legislature on the provision of services under this section to |
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wrongfully imprisoned persons. |
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SECTION 12. The following provisions of the Civil Practice |
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and Remedies Code are repealed: |
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(1) Section 103.002; |
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(2) Subchapter C, Chapter 103; and |
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(3) Section 103.152(c). |
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SECTION 13. (a) As soon as practicable after the effective |
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date of this Act, the Texas Department of Criminal Justice shall |
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develop a comprehensive plan for the reentry and reintegration of |
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wrongfully imprisoned persons as required by Section 501.091, |
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Government Code, as added by this Act. |
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(b) As soon as practicable after the effective date of this |
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Act, the Texas Correctional Office on Offenders with Medical or |
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Mental Impairments shall develop a plan to assist wrongfully |
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imprisoned persons as required by Section 614.021, Health and |
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Safety Code, as added by this Act, and shall submit the first annual |
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report to the legislature as required by that section not later than |
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September 1, 2010. |
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SECTION 14. (a) Chapter 103, Civil Practice and Remedies |
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Code, as amended by this Act, applies only to an application for |
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compensation for wrongful imprisonment that is filed on or after |
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the effective date of this Act. An application filed or action |
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commenced under Chapter 103, Civil Practice and Remedies Code, |
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before the effective date of this Act is governed by the law in |
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effect immediately before the effective date of this Act, and that |
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law is continued in effect for that purpose. |
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(b) Notwithstanding Section 103.003, Civil Practice and |
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Remedies Code, as amended by this Act, a person who received |
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compensation under Chapter 103, Civil Practice and Remedies Code, |
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before September 1, 2009, is entitled to annuity payments under |
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Section 103.053, Civil Practice and Remedies Code, as added by this |
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Act, based on a present value sum equal to the amount the person |
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would receive under Sections 103.052(a)(1) and (b), Civil Practice |
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and Remedies Code, as amended by this Act, if the person were to |
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receive compensation under those sections on September 1, 2009. |
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The comptroller of public accounts shall begin making payments to a |
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claimant under this section not later than the 30th day after the |
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date the comptroller determines the claimant is eligible to receive |
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compensation under this section. |
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SECTION 15. This Act takes effect September 1, 2009. |
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