Texas Senate Bill SB1974

Texas 2009 - 81st Regular

Caption

Relating to the wrongful imprisonment of a person and to procedures for providing compensation for that imprisonment and for exonerating a wrongfully imprisoned person who is deceased.

Impact

The bill will notably affect how wrongful imprisonment claims are handled under Texas law, particularly emphasizing the rights of relatives of deceased wrongfully imprisoned persons. By allowing for the application of posthumous pardons and compensation claims, the act is seen as a necessary step towards acknowledging and rectifying past injustices in the criminal justice system. It aims to ensure that the affected families can seek reparations without having to rely on the wrongfully convicted individual's ongoing legal status, thereby providing closure and support to families impacted by wrongful convictions.

Summary

SB1974, titled the Tim Cole Posthumous Exonerations Act, aims to amend the Civil Practice and Remedies Code to enhance the processes regarding compensation and exoneration for those wrongfully imprisoned, particularly addressing the cases of deceased individuals. This legislation is significant as it allows the surviving spouses, children, or parents of deceased individuals who would have been entitled to compensation for wrongful imprisonment to claim that compensation posthumously. The act also mandates certain evidential requirements for such claims, thus guiding the claims process for those left behind by wrongfully convicted individuals.

Contention

However, the passage of SB1974 may bring up debates surrounding the adequacy of compensation for wrongfully imprisoned individuals and the State's liability while addressing wrongful convictions. Critics might argue that while the bill aims to support families, it raises questions about the practical implications for the state and its financial responsibilities towards fines and claims made under the new provisions. There may also be concerns regarding ensuring that such claims are sufficiently validated to prevent misuse or fraud, as outlined in the proposed evidential requirements.