Relating to compensation of and services to persons wrongfully imprisoned.
Impact
The legislation modifies the Civil Practice and Remedies Code to facilitate a structured process by which wrongfully imprisoned individuals can seek compensation. It also provides for lump-sum payments as well as the option for compensation to be disbursed in the form of annuity payments, ensuring financial support over time. The state comptroller is responsible for managing these payments and must report on the claimants entitled to compensation to the relevant legislative bodies, allowing for informed appropriations of funds.
Summary
House Bill 1736 focuses on the compensation framework for individuals who have been wrongfully imprisoned in the state of Texas. The bill increases the compensation amount for wrongful imprisonment, changing it from $50,000 to $80,000 per year served, and also makes provisions for additional compensation related to child support obligations incurred during the imprisonment period. Notably, those who were wrongfully sentenced to death are entitled to a higher compensation rate of $100,000 per year served.
Contention
During discussions regarding HB 1736, there were points of contention about how to best administer compensation and the implications of increased amounts. While supporters argue that the bill is a necessary step to rectify past injustices and support reintegration into society, critics raised concerns about the fiscal responsibilities associated with increased compensation rates and the processes involved in determining eligibility and disbursement of funds. The legislation's emphasis on annuity payments also sparked debates about the long-term financial management for those receiving compensation.
Relating to public education and public school finance, including the rights, certification, and compensation of public school educators, contributions by a public school to the Teacher Retirement System of Texas, and an education savings account program for certain children.
Relating to increasing the minimum term of imprisonment and changing the eligibility for community supervision and parole of certain persons convicted of sexual assault and aggravated sexual assault.
Relating to the establishment of paternity and the duty to pay child support and to victim restitution or compensation for certain sexual offenses resulting in pregnancy.
Relating to provision of notice regarding and limitation of attorney's fees for services provided in connection with the making of a wrongful imprisonment claim.