January 2, 2009
Dear Legislator
Over $4 Billion a year to imprison the people of Texas !!!
According to our Comptroller’s reports our Legislature has appropriated over $4 Billion dollars a year to imprisoning the people of Texas.
How much in restitution for the wrongfully imprisoned? Only $40,000 in 2008.
According to the statistics provided by our Office of Court Administration; in 2007 convictions were reversed with a rendering of not guilty in only 22 cases. But our Attorney General asserts that none of them have a right to remedy for their loss. Our Attorney General asserts the “intent” of our Legislators, in 2001, was to deprive these individuals of their right secured in our Texas Constitution’s Bill of Rights, and additionally by amendment 51-c of article 3, added as further security in 1956.
Amendment 51-c of Article 3 of our Texas Constitution mandates expedient compensation for those imprisoned “for offenses of which they were not guilty”.
Our Attorney General asserts our Legislators, in 2001, changed the language of our Constitution, by statute, to deprive the not guilty of the restitution intended by Amendment 51-c. This, he asserts, was the reason the legislature changed the language of the wrongful imprisonment statute from “not guilty” to “actual innocence”. He further asserts that our State, which spends over $4 Billion a year imprisoning the people of Texas, cannot afford to compensate the 22 wrongfully imprisoned.
Our Attorney General should know, as well as our Legislators, that our Texas Constitution can be amended ONLY by vote of the people. Statutory law must comport with the INTENT of our Texas Constitution. The voters clearly express their intent those “not guilty” be compensated for a wrongful imprisonment, as additional security for a god-given, common-law, Right already secured by the intention of our Bill of Rights.
INFORMED CITIZENS are determined to correct this error of unconstitutional language in the 2001 revision of the act providing compensation for wrongful imprisonment in the upcoming legislative session. We must correct the language that has been utilized to circumvent the spirit and intent, as well as plain language, of our Texas Constitution. We’d like to know if we can count on your assistance and support. Please contact us.