This Supreme Court decision is bound to be all over the news
nationwide. Here is the essence of what the statutory remedy for exonerated
former inmates is all about [excerpt from today’s opinion], followed by a similar
snippet from an earlier Tex. Sup. Ct. case, and the text of the relevant legislation,
as codified in the Texas Civil Practice and Remedies Code.
CLAIM FOR COMPENSATION FOR WRONGFUL IMPRISONMENT
Under the Tim Cole Act (Act or TCA), formerly known as the
Texas Wrongful Imprisonment Act, a wrongfully imprisoned person may seek
compensation from the state for the period of wrongful imprisonment. TEX. CIV.
PRAC. & REM. CODE § 103.001(a). A person is entitled to compensation if the
person 1) has served in whole or in part a sentence in prison under the laws of
this state, and 2) has been granted habeas relief on a court determination that
he is “actually innocent” of the crime for which he was sentenced.2 TEX. CIV.
PRAC. & REM. CODE § 103.001(a)(1), (a)(2)(B). Additionally, the applicant’s
supporting documentation must clearly indicate on its face that the person is
entitled to compensation. TEX. CIV. PRAC. & REM. CODE § 103.051 (b-1).
For the reasons that follow, we hold that Billy Frederick
Allen is entitled to compensation under the TCA, and we conditionally grant the
petition for writ of mandamus.
[…]
The statute’s namesake, Timothy Cole, was convicted and
sentenced to twenty-five years in prison for aggravated sexual assault. He
maintained his innocence, but died of an asthma attack in 1999 while
incarcerated. He was exonerated years later by DNA evidence, and in 2010, Governor
Rick Perry granted him the state’s first posthumous pardon. See In re Smith,
333 S.W.3d 582, 583 n.1 (Tex. 2011); Act of May 27, 2009, 81st Leg., R.S., ch.
180, § 1, 2009 Tex. Gen. Laws 523 (naming the Act after Tim Cole).
[…]
We do not read the Court of Criminal Appeals’ opinion as
indicating it failed to find actual innocence as to Allen’s conviction.
Therefore, because the Court of Criminal Appeals granted habeas relief on a
Schlup claim, Allen’s court order clearly indicates on its face that relief was
based on actual innocence.
[…]
The petition for writ of mandamus is conditionally granted, and
we instruct the Comptroller to comply with this opinion and compensate Allen
under the terms of the Tim Cole Act. A writ of mandamus will issue only upon
the failure to do so.
SOURCE: SUPREME COURT OF TEXAS – No. 10-0886 – 5/18/2012
Under the Texas Wrongful Imprisonment Act, which is now
known as the Tim Cole[1] Act, a wrongfully-imprisoned person may seek
compensation from the state for the period of wrongful imprisonment. TEX. CIV.
PRAC. & REM.CODE § 103.001(a). Application is made to the Texas Comptroller
of Public Accounts, who is authorized to determine eligibility and the amount
owed to the claimant. Id. § 103.051(b). The amount owed is determined by
multiplying a fixed amount, currently set at $80,000 per year, by the period of
wrongful imprisonment. Id. § 103.052(a)(1). In calculating the
wrongful-imprisonment period, the Act excludes any period for which the
claimant was serving a concurrent sentence. Id. § 103.001(b).
SOURCE: TEXAS SUPREME COURT - In re Smith, 333 S.W.3d 582,
585 (Tex. June 21, 2011).
STATUTUORY TEXT:
CIVIL PRACTICE AND REMEDIES CODETITLE 5. GOVERNMENTAL
LIABILITYCHAPTER 103. COMPENSATION TO PERSONS WRONGFULLY IMPRISONED
SUBCHAPTER A. ELIGIBILITY; NOTICE OF ELIGIBILITY
Sec. 103.001.
CLAIMANTS ENTITLED TO COMPENSATION AND HEALTH BENEFITS COVERAGE. (a) A
person is entitled to compensation if:(1)
the person has served in whole or in part a sentence in prison under the
laws of this state; and(2) the
person:(A) has received a full pardon on
the basis of innocence for the crime for which the person was
sentenced;(B) has been granted relief in
accordance with a writ of habeas corpus that is based on a court finding or
determination that the person is actually innocent of the crime for which the person was
sentenced; or(C) has been granted relief
in accordance with a writ of habeas corpus and:(i) the state district court in which the charge
against the person was pending has entered an order dismissing the charge;
and(ii) the district court's dismissal
order is based on a motion to dismiss in which the state's attorney states that
no credible evidence exists that inculpates the defendant and, either in the
motion or in an affidavit, the state's attorney states that the state's
attorney believes that the defendant is actually innocent of the crime for
which the person was sentenced.(b) A
person is not entitled to compensation under Subsection (a) for any part of a
sentence in prison during which the person was also serving a concurrent
sentence for another crime to which Subsection (a) does not apply. (c) If a deceased person would be entitled to
compensation under Subsection (a)(2) if living, including a person who received
a posthumous pardon, the person's heirs, legal representatives, and estate are
entitled to lump-sum compensation under Section 103.052.(d) Subject to this section, a person entitled to
compensation under Subsection (a) is also eligible to obtain group health
benefit plan coverage through the Texas Department of Criminal Justice as if
the person were an employee of the department.
This subsection does not entitle the person's spouse or other dependent
or family member to group health benefit plan coverage. Coverage may be obtained under this
subsection for a period of time equal to the total period the claimant served
for the crime for which the claimant was wrongfully imprisoned, including any
period during which the claimant was released on parole or to mandatory
supervision or required to register under Chapter 62, Code of Criminal
Procedure. A person who elects to obtain
coverage under this subsection shall pay a monthly contribution equal to the
total amount of the monthly contributions for that coverage for an employee of
the department.(e) Notwithstanding
Section 103.053(c), annuity payments may be reduced by an amount necessary to
make the payments required by Subsection (d), and that amount shall be
transferred to an appropriate account as provided by the comptroller by rule to
fund that coverage.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1,
1985. Amended by Acts 2001, 77th Leg.,
ch. 1488, Sec. 1, eff. June 15, 2001.Amended by: Acts 2009, 81st Leg., R.S.,
Ch. 180, Sec. 2, eff. September 1, 2009.Acts 2011, 82nd Leg., R.S., Ch. 698,
Sec. 2, eff. June 17, 2011.Acts 2011, 82nd Leg., R.S., Ch. 1107, Sec. 1, eff.
September 1, 2011.Acts 2011, 82nd Leg., R.S., Ch. 1107, Sec. 2, eff. September
1, 2011.
Sec. 103.002. NOTICE
TO WRONGFULLY IMPRISONED PERSON.
(a) In this section:(1) "Department" means the Texas
Department of Criminal Justice.(2)
"Penal institution" has the meaning assigned by Article
62.001, Code of Criminal Procedure.(3)
"Wrongfully imprisoned person" has the meaning assigned by
Section 501.091, Government Code, as added by Chapter 1389 (S.B. 1847), Acts of
the 81st Legislature, Regular Session, 2009.(b)
The department shall provide to each wrongfully imprisoned person
information, both orally and in writing, that includes:(1) guidance on how to obtain compensation under
this chapter; and(2) a list of and
contact information for nonprofit advocacy groups, identified by the
department, that assist wrongfully imprisoned persons in filing claims for
compensation under this chapter.(c) The
department must provide the information required under Subsection (b):(1) at the time of the release of the wrongfully
imprisoned person from a penal institution; or(2) as soon as practicable after the department
has reason to believe that the person is entitled to compensation under Section
103.001(a).
Added by Acts 2011, 82nd Leg., R.S., Ch. 698, Sec. 3, eff.
June 17, 2011.
Sec. 103.003.
LIMITATION ON TIME TO FILE. 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.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1,
1985. Amended by Acts 2001, 77th Leg.,
ch. 1488, Sec. 1, eff. June 15, 2001.Amended by: Acts 2009, 81st Leg., R.S.,
Ch. 180, Sec. 3, eff. September 1, 2009.Acts 2011, 82nd Leg., R.S., Ch. 698,
Sec. 4, eff. June 17, 2011.
SUBCHAPTER B. ADMINISTRATIVE PROCEEDING
Sec. 103.051.
APPLICATION PROCEDURE.(a) To
apply for compensation under this subchapter, the claimant must file with the
comptroller's judiciary section:(1) an
application for compensation provided for that purpose by the
comptroller;(2) a verified copy of the
pardon, court order, motion to dismiss, and affidavit, as applicable,
justifying the application for compensation;(3)
a statement provided by the Texas Department of Criminal Justice and any
county or municipality that incarcerated the person on whose imprisonment the
claim is based in connection with the relevant sentence verifying the length of
incarceration;(4) if applicable, a
statement from the Department of Public Safety verifying registration as a sex
offender and length of registration;(5)
if applicable, a statement from the Texas Department of Criminal Justice
verifying the length of time spent on parole; and(6) if the claimant is applying for compensation
under Section 103.052(a)(2), a certified copy of each child support order under
which child support payments became due during the time the claimant served in
prison and copies of the official child support payment records described by
Section 234.009, Family Code, for that period.(b) The comptroller shall determine:(1) the eligibility of the claimant; and(2)
the amount of compensation owed to an eligible claimant.(b-1) In determining the eligibility of a claimant,
the comptroller shall consider only the verified copies of documents filed under
Subsection (a)(2). If the filed
documents do not clearly indicate on their face that the person is entitled to
compensation under Section 103.001(a)(2), the comptroller shall deny the claim. The comptroller's duty to determine the
eligibility of a claimant under this section is purely ministerial.(c) The comptroller must make a determination of
eligibility and the amount owed as required by Subsection (b) not later than
the 45th day after the date the application is received.(d) If the comptroller denies the claim, the
comptroller must state the reason for the denial. Not later than the 30th day after the date
the denial is received, the claimant must submit an application to cure any
problem identified. Not later than the
45th day after the date an application is received under this subsection, the
comptroller shall determine the claimant's eligibility and the amount
owed.(e) If the comptroller denies a
claim after the claimant submits an application under Subsection (d), the
claimant may bring an action for mandamus relief.(f) To apply for coverage through the Texas
Department of Criminal Justice under Section 103.001(d), the claimant must file
with the department:(1) an application
for coverage provided for that purpose by the department; and(2) a statement by the comptroller that the
comptroller has determined the claimant to be eligible for compensation under
this subchapter.
Added by Acts 2001, 77th Leg., ch. 1488, Sec. 1, eff. June
15, 2001. Amended by Acts 2003, 78th
Leg., ch. 1310, Sec. 1, eff. June 20, 2003.Amended by: Acts 2007, 80th Leg.,
R.S., Ch. 1190, Sec. 1, eff. September 1, 2007.Acts 2007, 80th Leg., R.S., Ch.
1388, Sec. 2, eff. September 1, 2007.Acts 2009, 81st Leg., R.S., Ch. 87, Sec.
5.003, eff. September 1, 2009.Acts 2009, 81st Leg., R.S., Ch. 180, Sec. 4, eff.
September 1, 2009.Acts 2011, 82nd Leg., R.S., Ch. 698, Sec. 5, eff. June 17,
2011.Acts 2011, 82nd Leg., R.S., Ch. 1107, Sec. 3, eff. September 1, 2011.
Sec. 103.052.
LUMP-SUM COMPENSATION. (a) A person who meets the requirements of
Section 103.001 is entitled to compensation in an amount equal to:(1) $80,000 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 on whose imprisonment the claim is based that became due and
interest on child support arrearages that accrued during the time served in
prison but were not paid.(b) A person
who, after serving a sentence in a Texas prison for which the person is entitled
to compensation under Subsection (a)(1), was released on parole or required to
register as a sex offender under Chapter 62, Code of Criminal Procedure, is
entitled to compensation in an amount equal to $25,000 multiplied by the number
of years served either on parole or as a registered sex offender, expressed as
a fraction to reflect partial years.(c)
The amount of compensation under Subsection (a)(2) to which a person is
entitled shall be paid on the person's behalf in a lump-sum payment to the state
disbursement unit, as defined by Section 101.0302, Family Code, for
distribution to the obligee under the child support order.
Added by Acts 2001, 77th Leg., ch. 1488, Sec. 1, eff. June
15, 2001.Amended by: Acts 2007, 80th Leg., R.S., Ch. 1190, Sec. 2, eff.
September 1, 2007.Acts 2009, 81st Leg., R.S., Ch. 180, Sec. 5, eff. September
1, 2009.
Sec. 103.053. ANNUITY
COMPENSATION. (a) A person entitled to compensation under
Section 103.001(a) is entitled to annuity payments, based on a present value sum
equal to the amount to which the person is entitled under Sections
103.052(a)(1) and (b).(b) The annuity
payments under this section are payable in equal monthly installments for the
life of the claimant and must be based on a five percent per annum interest
rate and other actuarial factors within the discretion of the
comptroller.(c) The annuity payments may
not be accelerated, deferred, increased, or decreased. The applicant may not sell, mortgage or
otherwise encumber, or anticipate the payments, wholly or partly, by assignment
or otherwise.
Added by Acts 2009, 81st Leg., R.S., Ch. 180, Sec. 6, eff.
September 1, 2009.
Sec. 103.054. PAYMENT
OF CERTAIN TUITION AND FEES. If
requested by the claimant before the seventh anniversary of the relevant date
described by Section 103.003, tuition for up to 120 credit hours, including
tuition charged under Section 54.0513, Education Code, or any other law
granting an educational institution discretion to set the tuition rate, and any
mandatory fees associated with attendance at the institution, charged by a
career center or public institution of higher education shall be paid on behalf
of the claimant.
Added by Acts 2009, 81st Leg., R.S., Ch. 180, Sec. 6, eff.
September 1, 2009.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 698, Sec. 6, eff.
June 17, 2011.
SUBCHAPTER C.
FEES
Sec. 103.101. FEES LIMITED;
PREREQUISITES TO FEE AGREEMENT. (a) A person, including an attorney, may not
charge or collect a fee for preparing, filing, or curing a claimant's
application under Section 103.051 unless the fee is based on a reasonable
hourly rate.(b) An attorney may enter
into a fee agreement with a claimant for services related to an application
under Section 103.051 only after the attorney has disclosed in writing to the
claimant the hourly rate that will be charged for the services.(c) An attorney may not collect a fee for
preparing, filing, or curing a claimant's application under Section 103.051
before a final determination is made by the comptroller that the claimant is eligible
or ineligible for compensation under this chapter.
Added by Acts 2011, 82nd Leg., R.S., Ch. 698, Sec. 7, eff.
June 17, 2011.
Sec. 103.102.
SUBMISSION OF FEE REPORT. (a)
Together with an application for compensation under this chapter or not later
than the 14th day after the date the application or cured application is filed,
a person seeking payment for preparing, filing, or curing the application must
file a fee report with the comptroller's judiciary section.(b) A fee report under this section must
include:(1) the total dollar amount
sought for fees;(2) the number of hours
the person worked preparing, filing, or curing the application; and(3) the name of the applicant.(c) A fee report under this section is public
information subject to Chapter 552, Government Code.
Added by Acts 2011, 82nd Leg., R.S., Ch. 698, Sec. 7, eff.
June 17, 2011.
SUBCHAPTER D. PAYMENTS AND LIMITATIONS
Sec. 103.151.
ADMINISTRATIVE PAYMENT OF COMPENSATION.
(a) The comptroller shall make
the compensation due a claimant under Section 103.052 and the lump-sum payment,
if any, to be paid to the state disbursement unit, as defined by Section
101.0302, Family Code, under Subchapter B, to the extent that funds are
available and appropriated for that purpose, not later than the 30th day after
the date the comptroller grants the application. A claim for lump-sum compensation payable
under Section 103.052(a) or (b) shall survive the death of the claimant in
favor of the heirs, legal representatives, and estate of the claimant.(b) The comptroller shall begin making annuity
payments to a claimant under Section 103.053(a) on the first anniversary of the
date of payment of the compensation due under Section 103.052.(c) If appropriated funds are insufficient to pay
the amount due a claimant and the amount to be paid to the state disbursement
unit, as defined by Section 101.0302, Family Code, money shall be paid under
the procedure described by Section 103.152.
Added by Acts 2001, 77th Leg., ch. 1488, Sec. 1, eff. June
15, 2001.Amended by: Acts 2007, 80th Leg., R.S., Ch. 1190, Sec. 5, eff.
September 1, 2007.Acts 2009, 81st Leg., R.S., Ch. 180, Sec. 7, eff. September
1, 2009.
Sec. 103.152. PAYMENT
OF COMPENSATION. (a) Not later than November 1 of each
even-numbered year, the comptroller shall provide a list of claimants entitled
to payment under Subchapter B and the amounts due for each claimant to the
governor, the lieutenant governor, and the chair of the appropriate committee
in each house of the legislature so that the legislature may appropriate the
amount needed to pay the amount owed to each claimant and the amount to be paid
to the state disbursement unit, as defined by Section 101.0302, Family Code, on
the claimant's behalf.(b) Not later than
September 1 of the year in which an appropriation under this chapter has been
made by the legislature, the comptroller shall pay the required amount to each
claimant and the state disbursement unit, as defined by Section 101.0302,
Family Code.(c) Repealed by Acts 2009,
81st Leg., R.S., Ch. 180, Sec. 12(3), eff. September 1, 2009.
Added by Acts 2001, 77th Leg., ch. 1488, Sec. 1, eff. June
15, 2001.Amended by: Acts 2007, 80th Leg., R.S., Ch. 1190, Sec. 6, eff.
September 1, 2007.Acts 2009, 81st Leg., R.S., Ch. 180, Sec. 8, eff. September
1, 2009.Acts 2009, 81st Leg., R.S., Ch. 180, Sec. 12(3), eff. September 1,
2009.
Sec. 103.153.
EMPLOYEES NOT LIABLE AFTER PAYMENT OF COMPENSATION. (a) In
this section, "employee" and "governmental unit" have the
meanings assigned by Section 101.001.(b)
A person who receives compensation under this chapter may not bring any
action involving the same subject matter, including an action involving the
person's arrest, conviction, or length of confinement, against any governmental
unit or an employee of any governmental unit.
Added by Acts 2001, 77th Leg., ch. 1488, Sec. 1, eff. June
15, 2001.
Sec. 103.154.
TERMINATION OF PAYMENTS. (a) Except as provided by Subsection (c),
compensation payments to a person under this chapter terminate if, after the
date the person becomes eligible for compensation under Section 103.001, the
person is convicted of a crime punishable as a felony. Compensation payments terminate under this
subsection on the date of the subsequent conviction.(b) Annuity payments to a person under Section
103.151(b) terminate on the date of the person's death. Any payments scheduled to be paid after that
date are credited to the state and may not be paid to any other person,
including the person's surviving spouse, heirs, devisees, or beneficiaries
under the person's will, or to the person's estate.(c) This section does not apply to compensation
for child support payments and interest on child support arrearages to be paid
on a person's behalf under this chapter to the state disbursement unit, as
defined by Section 101.0302, Family Code.
Added by Acts 2001, 77th Leg., ch. 1488, Sec. 1, eff. June
15, 2001.Amended by: Acts 2007, 80th Leg., R.S., Ch. 1190, Sec. 7, eff.
September 1, 2007.Acts 2009, 81st Leg., R.S., Ch. 180, Sec. 9, eff. September
1, 2009.
