| 1 | 1 | | 81R4722 AJA-F |
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| 2 | 2 | | By: Ellis S.B. No. 933 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to compensation to persons wrongfully imprisoned. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Section 103.002, Civil Practice and Remedies |
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| 10 | 10 | | Code, is amended to read as follows: |
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| 11 | 11 | | Sec. 103.002. CHOICE OF COMPENSATION METHOD. (a) A |
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| 12 | 12 | | person entitled to compensation under Section 103.001 may proceed |
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| 13 | 13 | | by following the provisions for administratively awarded |
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| 14 | 14 | | compensation under Subchapter B, [or] by filing suit under |
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| 15 | 15 | | Subchapter C, or both [but a person may not seek compensation under |
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| 16 | 16 | | both Subchapters B and C]. |
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| 17 | 17 | | (b) A person who applies for administratively awarded |
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| 18 | 18 | | compensation under Subchapter B and files suit under Subchapter C |
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| 19 | 19 | | is entitled only to the highest amount awarded through one of those |
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| 20 | 20 | | methods. If a person received two awards and the second award is |
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| 21 | 21 | | higher than the first, any amount paid towards the first award shall |
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| 22 | 22 | | be deducted from the amount owed to the person under the second |
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| 23 | 23 | | award. |
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| 24 | 24 | | SECTION 2. Section 103.052, Civil Practice and Remedies |
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| 25 | 25 | | Code, is amended by amending Subsection (a) and adding Subsections |
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| 26 | 26 | | (e) and (f) to read as follows: |
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| 27 | 27 | | (a) A person who meets the requirements of Section 103.001 |
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| 28 | 28 | | is entitled to compensation in an amount equal to: |
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| 29 | 29 | | (1) $50,000 multiplied by the number of years served |
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| 30 | 30 | | in prison, expressed as a fraction to reflect partial years; [and] |
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| 31 | 31 | | (2) compensation for child support payments owed by |
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| 32 | 32 | | the person that became due and interest on child support arrearages |
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| 33 | 33 | | that accrued during the time served in prison but were not paid; and |
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| 34 | 34 | | (3) expenses incurred on behalf of the petitioner in |
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| 35 | 35 | | connection with all associated criminal proceedings and appeals and |
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| 36 | 36 | | in connection with obtaining the petitioner's discharge from |
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| 37 | 37 | | imprisonment, including any fine or court costs paid and reasonable |
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| 38 | 38 | | attorney's fees, including reasonable attorney's fees for applying |
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| 39 | 39 | | for compensation under this subchapter. |
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| 40 | 40 | | (e) If requested by the claimant, up to 120 hours of tuition |
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| 41 | 41 | | at a career center, community college, or state university shall be |
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| 42 | 42 | | paid on behalf of the claimant. |
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| 43 | 43 | | (f) If requested by the claimant, reasonable expenses for a |
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| 44 | 44 | | financial advisor shall be paid on behalf of the claimant for two |
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| 45 | 45 | | years. |
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| 46 | 46 | | SECTION 3. Section 103.151, Civil Practice and Remedies |
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| 47 | 47 | | Code, is amended by adding Subsection (d) to read as follows: |
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| 48 | 48 | | (d) The comptroller shall pay any amounts due an applicant |
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| 49 | 49 | | under Section 103.052(e) or (f) as they accrue. If appropriated |
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| 50 | 50 | | funds are insufficient to pay those amounts, the comptroller shall |
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| 51 | 51 | | request an appropriation and make payment in accordance with |
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| 52 | 52 | | Section 103.152. |
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| 53 | 53 | | SECTION 4. The changes in law made by this Act apply to an |
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| 54 | 54 | | action or application for compensation under Chapter 103, Civil |
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| 55 | 55 | | Practice and Remedies Code, as amended by this Act, that is pending |
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| 56 | 56 | | or commenced on or after the effective date of this Act. |
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| 57 | 57 | | SECTION 5. This Act takes effect September 1, 2009. |
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