H.B. No. 1736
AN ACT
relating to compensation of and services to persons wrongfully
imprisoned.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. This Act shall be known as the Tim Cole Act.
SECTION 2. Section 103.001, Civil Practice and Remedies
Code, is amended by adding Subsection (c) to read as follows:
(c) If a deceased person would be entitled to compensation
under Subsection (a)(2) if living, including a person who received
a posthumous pardon, the person's heirs, legal representatives, and
estate are entitled to lump-sum compensation under Section 103.052.
SECTION 3. Section 103.003, Civil Practice and Remedies
Code, is amended to read as follows:
Sec. 103.003. LIMITATION ON TIME TO FILE. Not later than
the third anniversary of the date the person on whose imprisonment
the claim is based received the pardon or was granted relief [found
not guilty] as required by Section 103.001, a person seeking
compensation under this chapter must[:
[(1)] file an application with the comptroller for
compensation under Subchapter B[; or
[(2) file suit against the state for compensation
under Subchapter C].
SECTION 4. Section 103.051(a), Civil Practice and Remedies
Code, as amended by Chapters 1190 (H.B. 814) and 1388 (S.B. 1719),
Acts of the 80th Legislature, Regular Session, 2007, is reenacted
and amended to read as follows:
(a) To apply for compensation under this subchapter, the
claimant must file with the comptroller's judiciary section:
(1) an application for compensation provided for that
purpose by the comptroller;
(2) a verified copy of the pardon or court order
justifying the application for compensation; [and]
(3) a statement provided by the Texas Department of
Criminal Justice and any county or municipality that incarcerated
the person on whose imprisonment the claim is based in connection
with the relevant sentence verifying the length of incarceration;
(4) if applicable, a statement from the Department of
Public Safety verifying registration as a sex offender and length
of registration;
(5) if applicable, a statement from the Texas
Department of Criminal Justice verifying the length of time spent
on parole; and
(6) if the claimant is applying for compensation under
Section 103.052(a)(2), a certified copy of each child support order
under which child support payments became due during the time the
claimant served in prison and copies of the official child support
payment records described by Section 234.009, Family Code, for that
period.
SECTION 5. Section 103.052, Civil Practice and Remedies
Code, is amended to read as follows:
Sec. 103.052. LUMP-SUM [AMOUNT AND TIMING OF] COMPENSATION.
(a) A person who meets the requirements of Section 103.001 is
entitled to compensation in an amount equal to:
(1) $80,000 [$50,000] multiplied by the number of
years served in prison, expressed as a fraction to reflect partial
years; and
(2) compensation for child support payments owed by
the person on whose imprisonment the claim is based that became due
and interest on child support arrearages that accrued during the
time served in prison but were not paid.
[(a-1) Notwithstanding Subsection (a)(1), a person
sentenced to death who meets the requirements of Section 103.001 is
entitled to compensation in an amount equal to $100,000 multiplied
by the number of years served in prison, expressed as a fraction to
reflect partial years.]
(b) A person who, after serving a sentence in a Texas prison
for which the person is entitled to compensation under Subsection
(a)(1), was released on parole or required to register as a sex
offender under Chapter 62, Code of Criminal Procedure, is entitled
to compensation in an amount equal to $25,000 multiplied by the
number of years served either on parole or as a registered sex
offender, expressed as a fraction to reflect partial years [A
person who is owed an amount of compensation under Subsection
(a)(1) or (a-1) equal to or greater than $50,000 shall be paid that
compensation in two equal annual installments].
(c) [If requested by the claimant, the Texas Department of
Mental Health and Mental Retardation shall provide appropriate
counseling for one year to the claimant at a mutually agreed-on
location at no charge to the claimant.
[(d)] The amount of compensation under Subsection (a)(2) to
which a person is entitled shall be paid on the person's behalf in a
lump-sum payment to the state disbursement unit, as defined by
Section 101.0302, Family Code, for distribution to the obligee
under the child support order.
SECTION 6. Subchapter B, Chapter 103, Civil Practice and
Remedies Code, is amended by adding Sections 103.053 and 103.054 to
read as follows:
Sec. 103.053. ANNUITY COMPENSATION. (a) A person entitled
to compensation under Section 103.001(a) is entitled to annuity
payments, based on a present value sum equal to the amount to which
the person is entitled under Sections 103.052(a)(1) and (b).
(b) The annuity payments under this section are payable in
equal monthly installments for the life of the claimant and must be
based on a five percent per annum interest rate and other actuarial
factors within the discretion of the comptroller.
(c) The annuity payments may not be accelerated, deferred,
increased, or decreased. The applicant may not sell, mortgage or
otherwise encumber, or anticipate the payments, wholly or partly,
by assignment or otherwise.
Sec. 103.054. PAYMENT OF CERTAIN TUITION AND FEES. If
requested by the claimant before the seventh anniversary of the
date the claimant received the pardon or was granted relief as
required by Section 103.001, tuition for up to 120 credit hours,
including tuition charged under Section 54.0513, Education Code, or
any other law granting an educational institution discretion to set
the tuition rate, and any mandatory fees associated with attendance
at the institution, charged by a career center or public
institution of higher education shall be paid on behalf of the
claimant.
SECTION 7. Section 103.151, Civil Practice and Remedies
Code, is amended to read as follows:
Sec. 103.151. ADMINISTRATIVE PAYMENT OF COMPENSATION. (a)
The comptroller shall make the compensation [first installment
payment] due a claimant under Section 103.052 [an applicant] and
the lump-sum payment, if any, to be paid to the state disbursement
unit, as defined by Section 101.0302, Family Code, under Subchapter
B, to the extent that funds are available and appropriated for that
purpose, not later than the 30th day after the date the comptroller
grants the application. A claim for lump-sum compensation payable
under Section 103.052(a) or (b) shall survive the death of the
claimant in favor of the heirs, legal representatives, and estate
of the claimant.
(b) The comptroller shall begin making annuity payments to a
claimant under Section 103.053(a) on the first anniversary of the
date of payment of the compensation due under Section 103.052 [pay
the amount of the second installment payment on the first
anniversary of the date of the first installment].
(c) If appropriated funds are insufficient to pay the amount
due a claimant [an applicant] and the amount to be paid to the state
disbursement unit, as defined by Section 101.0302, Family Code,
money shall be paid under the procedure described by Section
103.152.
SECTION 8. Section 103.152(a), Civil Practice and Remedies
Code, is amended to read as follows:
(a) Not later than November 1 of each even-numbered year,
the comptroller shall provide a list of claimants entitled to
payment under Subchapter B [or C] and the amounts due for each
claimant to the governor, the lieutenant governor, and the chair of
the appropriate committee in each house of the legislature so that
the legislature may appropriate the amount needed to pay the amount
owed to each claimant and the amount to be paid to the state
disbursement unit, as defined by Section 101.0302, Family Code, on
the claimant's behalf.
SECTION 9. Section 103.154(b), Civil Practice and Remedies
Code, is amended to read as follows:
(b) Annuity [Except as provided by Subsection (c),
compensation] payments to a person under Section 103.151(b) [this
chapter] terminate on the date of the person's death. Any payments
scheduled to be paid after that date are credited to the state and
may not be paid to any other person, including the person's
surviving spouse, heirs, devisees, or beneficiaries under the
person's will, or to the person's estate.
SECTION 10. Subchapter C, Chapter 501, Government Code, is
amended by adding Section 501.091 to read as follows:
Sec. 501.091. REENTRY AND REINTEGRATION SERVICES FOR
WRONGFULLY IMPRISONED PERSONS. (a) In this section, "wrongfully
imprisoned person" means a person who:
(1) has served wholly or partly a sentence in prison
under the laws of this state; and
(2) has:
(A) received a full pardon on the basis of
innocence for the crime for which the person was sentenced; or
(B) been granted relief on the basis of actual
innocence of the crime for which the person was sentenced.
(b) The department shall develop a comprehensive plan to
ensure the successful reentry and reintegration of wrongfully
imprisoned persons into the community following discharge from the
department. The reentry and reintegration plan developed under
this section must include:
(1) life-skills, job, and vocational training for a
wrongfully imprisoned person following discharge, for as long as
those services are beneficial to the person;
(2) a requirement that the department provide, before
a wrongfully imprisoned person is discharged from the department,
the person with any documents that are necessary after discharge,
including a state identification card; and
(3) the provision of financial assistance to aid a
wrongfully imprisoned person in the reentry and reintegration
process and in covering living expenses following discharge, in an
amount not to exceed $10,000.
(c) The provision of financial assistance under Subsection
(b)(3) shall be administered by the Texas Correctional Office on
Offenders with Medical or Mental Impairments or the department.
(d) The amount of financial assistance provided to a
wrongfully imprisoned person under Subsection (b)(3) shall be
deducted from the amount of compensation provided to the person
under Section 103.052, Civil Practice and Remedies Code.
(e) The department may contract with private vendors or
other entities to implement the comprehensive reentry and
reintegration plan required by this section.
SECTION 11. Chapter 614, Health and Safety Code, is amended
by adding Section 614.021 to read as follows:
Sec. 614.021. SERVICES FOR WRONGFULLY IMPRISONED PERSONS.
(a) In this section, "wrongfully imprisoned person" has the
meaning assigned by Section 501.091, Government Code.
(b) The office shall develop a plan to use existing case
management functions to assist wrongfully imprisoned persons who
are discharged from the Texas Department of Criminal Justice in:
(1) accessing medical and dental services, including
assistance in completing documents required for application to
federal entitlement programs;
(2) obtaining mental health treatment and related
support services through the public mental health system for as
long as the wrongfully imprisoned person requires assistance; and
(3) obtaining appropriate support services, as
identified by the wrongfully imprisoned person and the assigned
case manager, to assist the person in making the transition from
incarceration into the community.
(c) The office shall submit an annual report to the
legislature on the provision of services under this section to
wrongfully imprisoned persons.
SECTION 12. The following provisions of the Civil Practice
and Remedies Code are repealed:
(1) Section 103.002;
(2) Subchapter C, Chapter 103; and
(3) Section 103.152(c).
SECTION 13. (a) As soon as practicable after the effective
date of this Act, the Texas Department of Criminal Justice shall
develop a comprehensive plan for the reentry and reintegration of
wrongfully imprisoned persons as required by Section 501.091,
Government Code, as added by this Act.
(b) As soon as practicable after the effective date of this
Act, the Texas Correctional Office on Offenders with Medical or
Mental Impairments shall develop a plan to assist wrongfully
imprisoned persons as required by Section 614.021, Health and
Safety Code, as added by this Act, and shall submit the first annual
report to the legislature as required by that section not later than
September 1, 2010.
SECTION 14. (a) Chapter 103, Civil Practice and Remedies
Code, as amended by this Act, applies only to an application for
compensation for wrongful imprisonment that is filed on or after
the effective date of this Act. An application filed or action
commenced under Chapter 103, Civil Practice and Remedies Code,
before the effective date of this Act is governed by the law in
effect immediately before the effective date of this Act, and that
law is continued in effect for that purpose.
(b) Notwithstanding Section 103.003, Civil Practice and
Remedies Code, as amended by this Act, a person who received
compensation under Chapter 103, Civil Practice and Remedies Code,
before September 1, 2009, is entitled to annuity payments under
Section 103.053, Civil Practice and Remedies Code, as added by this
Act, based on a present value sum equal to the amount the person
would receive under Sections 103.052(a)(1) and (b), Civil Practice
and Remedies Code, as amended by this Act, if the person were to
receive compensation under those sections on September 1, 2009.
The comptroller of public accounts shall begin making payments to a
claimant under this section not later than the 30th day after the
date the comptroller determines the claimant is eligible to receive
compensation under this section.
SECTION 15. This Act takes effect September 1, 2009.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1736 was passed by the House on April
24, 2009, by the following vote: Yeas 136, Nays 1, 1 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 1736 on May 14, 2009, by the following vote: Yeas 132, Nays 13,
1 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 1736 was passed by the Senate, with
amendments, on May 11, 2009, by the following vote: Yeas 27, Nays
4.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor