By: West S.B. No. 110
(In the Senate - Filed November 12, 2012; January 29, 2013,
read first time and referred to Committee on State Affairs;
April 24, 2013, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 9, Nays 0; April 24, 2013,
sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 110 By: Deuell
A BILL TO BE ENTITLED
AN ACT
relating to eligibility for compensation of persons wrongfully
imprisoned.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 103.001, Civil Practice and Remedies
Code, is amended by adding Subsection (f) to read as follows:
(f) A person is not entitled to compensation under
Subsection (a) or group health benefit plan coverage under
Subsection (d) for any part of a sentence in prison during which the
person was also serving a concurrent sentence for another wrongful
conviction for which the person has already received compensation
under Subsection (a) or group health plan coverage under Subsection
(d).
SECTION 2. Section 103.003, Civil Practice and Remedies
Code, is amended to read as follows:
Sec. 103.003. LIMITATION ON TIME TO FILE. (a) A person
seeking compensation under this chapter must file an application
with the comptroller for compensation under Subchapter B not later
than the third anniversary of the date:
(1) the person on whose imprisonment the claim is
based received a pardon as provided by Section 103.001(a)(2)(A);
(2) the person's application for a writ of habeas
corpus was granted as provided by Section 103.001(a)(2)(B); or
(3) an order of dismissal described by Section
103.001(a)(2)(C) was signed.
(b) Notwithstanding Subsection (a), a person seeking
compensation under this chapter who received the pardon or was
granted relief as described by Subsection (a) before September 1,
1998, may file an application with the comptroller for compensation
under Subchapter B not later than September 1, 2016. This
subsection expires September 2, 2016.
SECTION 3. This Act takes effect September 1, 2013.
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