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SENATE BILL 536 |
SENATE AUTHOR: R. Ellis et al. |
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EFFECTIVE: 6-17-01 |
HOUSE SPONSOR: Dutton et al. |
Senate Bill 536 amends Civil Practice and Remedies Code provisions relating to compensation for wrongful imprisonment. A person who was serving a concurrent sentence for another crime for which the person was not wrongfully imprisoned is not entitled to compensation. The bill deletes the requirement that the person had pled not guilty to the charge for which the person was convicted and that led to the imprisonment, and it specifies that the person must have received a full pardon on the basis of innocence or have been granted relief on the basis of actual innocence of the crime for which the person was sentenced.
The bill provides that a person entitled to compensation either may file a claim for administratively awarded compensation with the comptroller's office or may file suit against the state, and it sets forth application procedures and rules for filing suit.
If an applicant for administratively awarded compensation is found to be entitled to compensation, the person is authorized to receive $25,000 for each year served in prison if the time served was less than 20 years, or $500,000 if the time served was more than 20 years. If requested by the claimant, the bill requires the Texas Department of Mental Health and Mental Retardation to provide appropriate counseling to the claimant for one year at no charge.
If a petitioner to the court is found to be entitled to compensation, the person is authorized to receive damages up to $500,000, including expenses incurred by the petitioner in connection with all associated criminal proceedings and appeals in obtaining discharge from imprisonment. The petitioner would also be entitled to (1) fines, court costs, attorney's fees, and wages, salary, or other income lost due to imprisonment and (2) medical and counseling expenses incurred as a direct result of the wrongful imprisonment.
The bill prohibits a person who receives compensation for wrongful imprisonment from bringing any action against any governmental unit or its employees involving the person's arrest, conviction, or length of confinement. The bill provides that a person's compensation payments terminate if the person is convicted of a crime punishable as a felony after becoming eligible for compensation, or on the date of a person's death.