SRC- JBJ S.B. 536 77(R)BILL ANALYSIS Senate Research CenterS.B. 536 By: Ellis, Rodney Criminal Justice 6/20/2001 Enrolled DIGEST AND PURPOSE Under Texas law, a person wrongfully convicted of a crime is entitled to a maximum total compensation of $50,000: $25,000 compensation for medical expenses and $25,000 for physical and mental pain and suffering, regardless of the length of term served in prison. S.B. 536 provides for the expansion of the list of items that are authorized to be payable as damages in a claim for wrongful imprisonment; increases the statute of limitations for claiming compensation; and allows convicted persons found to be innocent to seek relief and compensation from the courts, rather than by pardon. RULEMAKING AUTHORITY This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Chapter 103, Civil Practices and Remedies Code, as follows: SUBCHAPTER A. ELIGIBILITY AND CHOICE OF COMPENSATION METHOD Sec. 103.001. CLAIMANTS ENTITLED TO COMPENSATION. Deletes existing text regarding certain claimants entitled to compensation. Provides that a person is entitled to compensation if the person has received a full pardon on the basis of innocence for the crime, rather than the crime and punishment, for which the person was sentenced or if the person has been granted relief on the basis of actual innocence of the crime for which the person was sentenced. Provides that 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. Sec. 103.002. CHOICE OF COMPENSATION METHOD. Authorizes a person entitled to compensation under Section 103.001 to proceed by following the provisions for administratively awarded compensation under Subchapter B or by filing suit under Subchapter C. Prohibits a person from seeking compensation under both Subchapters B and C. Sec. 103.003. LIMITATION ON TIME TO FILE. Requires a person seeking compensation under this chapter, not later than a certain calculated date, to take certain enumerated actions. SUBCHAPTER B. ADMINISTRATIVE PROCEEDING Sec. 103.051. APPLICATION PROCEDURE. Sets forth provisions for the application for compensation via an administrative procedure. Sec. 103.02. AMOUNT AND TIMING OF COMPENSATION. Sets forth provisions pertaining to the amount and timing of compensation. SUBCHAPTER C. FILING SUIT Sec. 103.101. WAIVER OF IMMUNITY; FILING SUIT. Redesignates existing text of Section 103.002 as Section 103.001. Authorizes a person to bring a suit against the state under this subchapter, rather than chapter. Redesignates existing text of Subsections 103.003 - 103.005 as Sections 103.102 - 103.104 and makes nonsubstantive changes. Sec. 103.105. DAMAGES. Redesignates existing text of Section 103.006 as Section 103.105. Provides that the petitioner is entitled to certain calculated compensations, if the trier of fact finds that the petitioner is entitled to compensation. Prohibits the trier of fact, in determining the sum of money owed to the petitioner, from deducting certain expenses and costs. Deletes existing text regarding damages awarded to the claimant. Prohibits total damages assessed under this subchapter, rather than chapter, from exceeding $500,000, rather than $50,000. SUBCHAPTER D. PAYMENTS AND LIMITATIONS Sec. 103.151. ADMINISTRATIVE PAYMENT OF COMPENSATION. Sets forth provisions regarding the administrative payment by the comptroller of compensation due to an applicant. Sec. 103.152. PAYMENT OF COMPENSATION. Sets forth provisions regarding the appropriations and payment of compensation to claimants entitled to payment. Sec. 103.153. EMPLOYEES NOT LIABLE AFTER PAYMENT OF COMPENSATION. Defines employee. Prohibits a person who receives compensation under this chapter from bringing any action involving the same subject matter against any governmental unit or an employee of any governmental unit. Sec. 103.154. TERMINATION OF PAYMENTS. Sets forth provisions regarding the conditions for termination of compensation payment. Deletes existing Section 103.007 relating to the limitation of action by a person who claims compensation. SECTION 2. Amends Section 403.074, Government Code, by amending Subsections (b) and (d) and adding Subsection (g), to make a certain exception to Subsections (b) and (d). Requires the comptroller to pay under this section any claim that satisfies the requirements of Chapter 103B, Civil Practice and Remedies Code, as provided by Section 103.151, Civil Practice and Remedies Code. SECTION 3. (a) Authorizes a person who has not received compensation under Chapter 103, Civil Practice and Remedies Code, as it existed before the effective date of this Act, including certain persons, subject to Section 103.003, Civil Practice and Remedies Code, as added by this act, file an application for compensation under Chapter 103B, Civil Practice and Remedies Code, as added by this Act. (b) Prohibits a person from obtaining compensation under both Chapter 103, Civil Practice and Remedies Code, as it existed before the effective date of this Act, and Chapter 103, Civil Practice and Remedies Code, as amended by this Act. SECTION 4. Sets forth provisions regarding the application of Chapters 103A, C, and D, Civil Practice and Remedies Code SECTION 5. Effective date: upon passage or September 1, 2001.