HBA-NRS H.B. 1986 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1986
By: Dutton
Civil Practices
3/6/2001
Introduced



BACKGROUND AND PURPOSE 

Under current law, a person who has been wrongfully imprisoned is entitled
to compensation totaling up to $50,000, with damages for physical and
mental pain and suffering limited to $25,000. The current compensation
standard does not address compensation for attorney's fees associated with
the individual's legal defense. House Bill 1986 allows the jury or judge in
a nonjury trial to assess damages to compensate a claimant for all
reasonable attorney's fees if the claimant is found to have been wrongfully
imprisoned. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 1986 amends the Civil Practice and Remedies Code to require the
jury or judge in a nonjury trial that finds that a claimant is entitled to
compensation for wrongful imprisonment to assess damages to compensate the
claimant for all reasonable attorney's fees incurred by the claimant in
connection with associated criminal proceedings and appeals, the claimant's
discharge from imprisonment, and prosecuting the lawsuit. 

EFFECTIVE DATE

The Act takes effect on the 91st day after adjournment.