Menéndez Bill Opens Compensation To Exonerated With Expunged Records

The text as introduced · 672 words

90R3569 MZM-D

By: Menéndez
S.B. No. 150

A BILL TO BE ENTITLED

AN ACT

relating to the eligibility of certain wrongfully imprisoned

persons for compensation and for the expunction of arrest records

and files in the case.

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;

(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 ; or

(D) has had all records and files relating to the

person's arrest for the crime for which the person was sentenced

expunged under Chapter 55A, Code of Criminal Procedure .

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);

(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 ; or

(4) the person's records and files relating to the

person's arrest for the crime for which the person was sentenced

were expunged under Chapter 55A, Code of Criminal Procedure .

SECTION 3. Article 55A.101, Code of Criminal Procedure, is

amended by adding Subsection (c) to read as follows:

(c) Except as provided by Article 55A.151, a district court

may expunge all records and files relating to the arrest of a person

if:

(1) the person is:

(A) tried for the offense for which the person

was arrested; and

(B) convicted of the offense;

(2) the conviction is reversed on any grounds by the

court of criminal appeals or, if the period for granting a petition

for discretionary review has expired, by a court of appeals; and

(3) the office of the attorney representing the state

that prosecuted the offense for which the person was arrested

recommends the expunction to the court.

SECTION 4. (a) Notwithstanding Section 103.003, Civil

Practice and Remedies Code, as amended by this Act, a person who met

the criteria of Section 103.001(a)(2)(D), Civil Practice and

Remedies Code, as added by this Act, before the effective date of

this Act, and who has not received compensation under Chapter 103,

Civil Practice and Remedies Code, may file an application for

compensation under Subchapter B, Chapter 103, Civil Practice and

Remedies Code, not later than the third anniversary of the

effective date of this Act.

(b) The change in law made by this Act in adding Article

55A.101(c), Code of Criminal Procedure, applies to the expunction

of arrest records and files for any criminal offense that occurred

before, on, or after the effective date of this Act.

SECTION 5. This Act takes effect September 1, 2027.