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A BILL TO BE ENTITLED
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AN ACT
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relating to the determination of a person's eligibility to receive |
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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 103.001(a), Civil Practice and Remedies |
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Code, is amended to read as follows: |
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(a) A person is entitled to compensation if: |
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(1) the person has served in whole or in part a |
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sentence in prison under the laws of this state; and |
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(2) the person: |
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(A) has received a full pardon on the basis of |
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innocence for the crime for which the person was sentenced; |
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(B) has been granted relief in accordance with a |
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writ of habeas corpus that is based on a court finding or |
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determination that the person is actually innocent of the crime for |
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which the person was sentenced; or |
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(C) has been granted relief in accordance with a |
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writ of habeas corpus and: |
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(i) the state district court in which the |
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charge against the person was pending has entered an order, |
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including an amended order, dismissing the charge; and |
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(ii) the district court's dismissal order |
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is based on a motion to dismiss in which the state's attorney states |
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that no credible evidence exists that inculpates the defendant and, |
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either in the motion or in an affidavit, the state's attorney states |
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that the state's attorney believes that the defendant is actually |
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innocent of the crime for which the person was sentenced. |
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SECTION 2. Section 103.051, Civil Practice and Remedies |
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Code, is amended by adding Subsection (b-2) to read as follows: |
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(b-2) In determining the eligibility of a claimant, the |
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comptroller may not: |
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(1) consider whether a court finding or determination |
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that the claimant is actually innocent was made by a court with |
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jurisdiction to make that finding or determination; |
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(2) deny an application on the basis of a denial of a |
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previous application by the same claimant, if the application is |
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supported by a new or amended court order or other change in the |
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claimant's documentation; or |
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(3) deny an application based on the comptroller's |
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determination of the legal sufficiency of the claimant's pardon, |
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court order, motion to dismiss, or affidavit. |
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SECTION 3. The amendments made by this Act to Chapter 103, |
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Civil Practice and Remedies Code, are intended to clarify rather |
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than change existing law. |
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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, 2021. |