Texas 2021 - 87th Regular

Texas House Bill HB3950

Caption

Relating to the determination of a person's eligibility to receive compensation for wrongful imprisonment.

Impact

The enactment of HB 3950 modifies how the Comptroller's office evaluates claims for compensation, specifically prohibiting the consideration of certain factors during eligibility determination. This includes constraints on dismissing applications based on previous denials or the judicial authority of the court issuing innocence findings. By clarifying these provisions, the bill intends to bolster the rights of wrongfully imprisoned individuals, making it easier for them to secure compensation regardless of previous applications or jurisdictional questions regarding innocence findings. The intent is to create a more equitable framework for addressing wrongful convictions in Texas.

Summary

House Bill 3950 addresses the criteria for compensating individuals who have experienced wrongful imprisonment. The bill proposes specific amendments to the Civil Practice and Remedies Code, particularly Section 103.001, which outlines when a person is eligible for compensation after serving time in prison. Key qualifications for receiving compensation include having a pardon based on innocence or a court's finding of actual innocence through a writ of habeas corpus. The bill aims to streamline the process by which wrongfully imprisoned individuals can claim compensation, ensuring these individuals are recognized and supported after unjust imprisonment.

Contention

While the bill is a step forward in addressing the needs of those wrongfully imprisoned, there may be concerns regarding its implementation and the potential workload for the Comptroller's office in processing claims. Critics might argue that the amendments do not address the root causes of wrongful imprisonment, such as judicial errors and systemic failures in the legal system. Furthermore, there may be discussions about the adequacy of the compensation provided and whether the criteria sufficiently encompass all scenarios of wrongful imprisonment. Overall, the bill could spark further debate about the balance between legal procedure and providing justice to wrongfully convicted individuals.

Companion Bills

No companion bills found.

Previously Filed As

TX HB3758

Relating to repealing civil asset forfeiture provisions and establishing criminal asset forfeiture in this state.

TX HB1453

Relating to equalizing compensation for certain wrongfully imprisoned persons.

TX HB1455

Relating to health care benefits of persons wrongfully imprisoned.

TX HB3956

Relating to the creation of DNA records for a person arrested for a felony offense and the expunction of DNA records in certain circumstances.

TX HB1546

Relating to the recovery of fees, court costs, and expenses in family law proceedings.

TX HB4504

Relating to the nonsubstantive revision of certain provisions of the Code of Criminal Procedure, including conforming amendments.

TX HB1728

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.

TX HB352

Relating to the representation of certain indigent applicants for a writ of habeas corpus.

TX HB2543

Relating to the creation of the conviction integrity unit within the office of the attorney general.

TX SB2019

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.

Similar Bills

No similar bills found.