81R4722 AJA-F
By: Ellis S.B. No. 933
A BILL TO BE ENTITLED
AN ACT
relating to compensation to persons wrongfully imprisoned.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 103.002, Civil Practice and Remedies
Code, is amended to read as follows:
Sec. 103.002. CHOICE OF COMPENSATION METHOD. (a) A
person entitled to compensation under Section 103.001 may proceed
by following the provisions for administratively awarded
compensation under Subchapter B, [or] by filing suit under
Subchapter C, or both [but a person may not seek compensation under
both Subchapters B and C].
(b) A person who applies for administratively awarded
compensation under Subchapter B and files suit under Subchapter C
is entitled only to the highest amount awarded through one of those
methods. If a person received two awards and the second award is
higher than the first, any amount paid towards the first award shall
be deducted from the amount owed to the person under the second
award.
SECTION 2. Section 103.052, Civil Practice and Remedies
Code, is amended by amending Subsection (a) and adding Subsections
(e) and (f) to read as follows:
(a) A person who meets the requirements of Section 103.001
is entitled to compensation in an amount equal to:
(1) $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 that became due and interest on child support arrearages
that accrued during the time served in prison but were not paid; and
(3) expenses incurred on behalf of the petitioner in
connection with all associated criminal proceedings and appeals and
in connection with obtaining the petitioner's discharge from
imprisonment, including any fine or court costs paid and reasonable
attorney's fees, including reasonable attorney's fees for applying
for compensation under this subchapter.
(e) If requested by the claimant, up to 120 hours of tuition
at a career center, community college, or state university shall be
paid on behalf of the claimant.
(f) If requested by the claimant, reasonable expenses for a
financial advisor shall be paid on behalf of the claimant for two
years.
SECTION 3. Section 103.151, Civil Practice and Remedies
Code, is amended by adding Subsection (d) to read as follows:
(d) The comptroller shall pay any amounts due an applicant
under Section 103.052(e) or (f) as they accrue. If appropriated
funds are insufficient to pay those amounts, the comptroller shall
request an appropriation and make payment in accordance with
Section 103.152.
SECTION 4. The changes in law made by this Act apply to an
action or application for compensation under Chapter 103, Civil
Practice and Remedies Code, as amended by this Act, that is pending
or commenced on or after the effective date of this Act.
SECTION 5. This Act takes effect September 1, 2009.