| 1 | 1 | | 87R2602 JES-D |
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| 2 | 2 | | By: Crockett H.B. No. 3950 |
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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 the determination of a person's eligibility to receive |
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| 8 | 8 | | compensation for wrongful imprisonment. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 103.001(a), Civil Practice and Remedies |
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| 11 | 11 | | Code, is amended to read as follows: |
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| 12 | 12 | | (a) A person is entitled to compensation if: |
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| 13 | 13 | | (1) the person has served in whole or in part a |
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| 14 | 14 | | sentence in prison under the laws of this state; and |
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| 15 | 15 | | (2) the person: |
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| 16 | 16 | | (A) has received a full pardon on the basis of |
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| 17 | 17 | | innocence for the crime for which the person was sentenced; |
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| 18 | 18 | | (B) has been granted relief in accordance with a |
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| 19 | 19 | | writ of habeas corpus that is based on a court finding or |
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| 20 | 20 | | determination that the person is actually innocent of the crime for |
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| 21 | 21 | | which the person was sentenced; or |
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| 22 | 22 | | (C) has been granted relief in accordance with a |
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| 23 | 23 | | writ of habeas corpus and: |
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| 24 | 24 | | (i) the state district court in which the |
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| 25 | 25 | | charge against the person was pending has entered an order, |
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| 26 | 26 | | including an amended order, dismissing the charge; and |
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| 27 | 27 | | (ii) the district court's dismissal order |
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| 28 | 28 | | is based on a motion to dismiss in which the state's attorney states |
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| 29 | 29 | | that no credible evidence exists that inculpates the defendant and, |
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| 30 | 30 | | either in the motion or in an affidavit, the state's attorney states |
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| 31 | 31 | | that the state's attorney believes that the defendant is actually |
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| 32 | 32 | | innocent of the crime for which the person was sentenced. |
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| 33 | 33 | | SECTION 2. Section 103.051, Civil Practice and Remedies |
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| 34 | 34 | | Code, is amended by adding Subsection (b-2) to read as follows: |
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| 35 | 35 | | (b-2) In determining the eligibility of a claimant, the |
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| 36 | 36 | | comptroller may not: |
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| 37 | 37 | | (1) consider whether a court finding or determination |
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| 38 | 38 | | that the claimant is actually innocent was made by a court with |
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| 39 | 39 | | jurisdiction to make that finding or determination; |
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| 40 | 40 | | (2) deny an application on the basis of a denial of a |
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| 41 | 41 | | previous application by the same claimant, if the application is |
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| 42 | 42 | | supported by a new or amended court order or other change in the |
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| 43 | 43 | | claimant's documentation; or |
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| 44 | 44 | | (3) deny an application based on the comptroller's |
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| 45 | 45 | | determination of the legal sufficiency of the claimant's pardon, |
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| 46 | 46 | | court order, motion to dismiss, or affidavit. |
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| 47 | 47 | | SECTION 3. The amendments made by this Act to Chapter 103, |
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| 48 | 48 | | Civil Practice and Remedies Code, are intended to clarify rather |
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| 49 | 49 | | than change existing law. |
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| 50 | 50 | | SECTION 4. This Act takes effect immediately if it receives |
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| 51 | 51 | | a vote of two-thirds of all the members elected to each house, as |
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| 52 | 52 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 53 | 53 | | Act does not receive the vote necessary for immediate effect, this |
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| 54 | 54 | | Act takes effect September 1, 2021. |
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