Little Bill Cuts A Path To Wrongful Imprisonment Pay

The text as introduced · 398 words

90R3493 ZAG-D

By: Little
H.B. No. 1083

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(a), Civil Practice and Remedies

Code, is amended to read as follows:

(a) A person is entitled to compensation if:

(1) the person has served in whole or in part a

sentence in prison under the laws of this state; and

(2) the person:

(A) has received a full pardon on the basis of

innocence for the crime for which the person was sentenced; or

(B) has been granted relief in accordance with a

writ of habeas corpus that is based on a court finding or

determination that the person is actually innocent of the crime for

which the person was sentenced[ ; or

[ (C) has been granted relief in accordance with a

writ of habeas corpus and:

[ (i) the state district court in which the

charge against the person was pending has entered an order

dismissing the charge; and

[ (ii) the district court's dismissal order

is based on a motion to dismiss in which the state's attorney states

that no credible evidence exists that inculpates the defendant and,

either in the motion or in an affidavit, the state's attorney states

that the state's attorney believes that the defendant is actually

innocent of the crime for which the person was sentenced ].

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 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); or

(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 ].

SECTION 3. Section 103.001, Civil Practice and Remedies

Code, as amended by this Act, applies only to the making of an

annuity payment or other payment or the provision of health or other

benefits under that chapter on or after the effective date of this

Act.

SECTION 4. This Act takes effect September 1, 2027.