| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to eligibility for compensation of persons wrongfully |
|
|
imprisoned. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 103.001, Civil Practice and Remedies |
|
|
Code, is amended by adding Subsection (f) to read as follows: |
|
|
(f) A person is not entitled to compensation under |
|
|
Subsection (a) or group health benefit plan coverage under |
|
|
Subsection (d) for any part of a sentence in prison during which the |
|
|
person was also serving a concurrent sentence for another wrongful |
|
|
conviction for which the person has already received compensation |
|
|
under Subsection (a) or group health benefit plan coverage under |
|
|
Subsection (d). |
|
|
SECTION 2. Section 103.003, Civil Practice and Remedies |
|
|
Code, is amended to read as follows: |
|
|
Sec. 103.003. LIMITATION ON TIME TO FILE. (a) A person |
|
|
seeking compensation under this chapter must file an application |
|
|
with the comptroller for compensation under Subchapter B not later |
|
|
than the third anniversary of the date: |
|
|
(1) the person on whose imprisonment the claim is |
|
|
based received a pardon as provided by Section 103.001(a)(2)(A); |
|
|
(2) the person's application for a writ of habeas |
|
|
corpus was granted as provided by Section 103.001(a)(2)(B); or |
|
|
(3) an order of dismissal described by Section |
|
|
103.001(a)(2)(C) was signed. |
|
|
(b) Notwithstanding Subsection (a), a person seeking |
|
|
compensation under this chapter who received the pardon or was |
|
|
granted relief as described by Subsection (a) before September 1, |
|
|
1998, and who has not previously received compensation under this |
|
|
chapter or under Chapter 507 (H.B. 904), Acts of the 59th |
|
|
Legislature, Regular Session, 1965 (Article 6252-25, Vernon's |
|
|
Texas Civil Statutes), which was codified as this chapter effective |
|
|
September 1, 1985, may file an application with the comptroller for |
|
|
compensation under Subchapter B not later than September 1, 2020. |
|
|
This subsection expires September 2, 2020. |
|
|
SECTION 3. This Act takes effect December 1, 2017. |