Relating to eligibility for compensation of persons wrongfully imprisoned.
Impact
The proposed changes aim to streamline the compensation process, reducing potential abuses where individuals might claim overlapping compensation for different wrongful convictions. It sets a clear limitation on the eligibility for compensation, thereby enhancing the integrity of the compensation system for wrongful imprisonment cases. This is likely to impact individuals who have faced multiple wrongful convictions and are seeking justice through compensation. The legislation seeks to reinforce that compensation should be equitable and fairly allocated, preventing systematic exploitation of the compensation provisions.
Summary
Senate Bill 110, introduced by Senator West and others, aims to amend the eligibility criteria for compensation for individuals who have been wrongfully imprisoned. The bill proposes changes to the Civil Practice and Remedies Code, particularly focusing on the conditions under which wrongful imprisonment compensation can be sought. One of the key amendments states that individuals cannot claim compensation for any part of their prison sentence if they were also serving a concurrent sentence for another wrongful conviction for which they have already received compensation. This aims to ensure that individuals are not compensated multiple times for the same wrongful imprisonment scenario.
Contention
Despite its intentions, the bill may raise concerns regarding the rights of individuals who have been wrongfully imprisoned. Critics might argue that the restriction on concurrent compensation could discourage individuals from seeking appeals or pardons if they fear that they will not be fairly compensated for each wrongful conviction. Additionally, the amendment specifying a three-year limit for filing compensation claims could pose challenges for those who may not have immediate access to legal resources. This time limitation particularly affects those who have been wrongfully imprisoned for an extended period before their release.
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 increasing the minimum term of imprisonment and changing the eligibility for community supervision, mandatory supervision, and parole for persons convicted of intoxication manslaughter.
Relating to increasing the minimum term of imprisonment and changing the eligibility for community supervision and parole for certain felony offenses in which a firearm is used or exhibited and to certain consequences on conviction of certain offenses.
Relating to the release on bail of certain defendants accused of committing a felony offense and the criminal consequences of committing a felony while released on bail for a prior felony; creating a criminal offense; increasing the minimum term of imprisonment for certain felonies; changing eligibility for deferred adjudication community supervision, mandatory supervision, and parole.