SRC-CTC, JBJ C.S.S.B. 536 77(R)BILL ANALYSIS


Senate Research CenterC.S.S.B. 536
77R5445 SGA-FBy: Ellis
Criminal Justice
4/6/2001
Committee Report (Substituted)

DIGEST AND PURPOSE 

Under current 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. 
C.S.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 Sections 103.001 and 103.006, Civil Practice and
Remedies Code, as follows: 

Sec. 103.001.  Provides that a person is entitled to compensation if the
person has served in whole or in part a sentence in prison under the laws
of this state and for the crime for which the person was convicted and
imprisoned has received a full pardon on the basis of innocence, or has
been granted relief on the basis of actual innocence of the crime for which
the person was sentenced.  Deletes existing text pertaining to pleas,
guilt, and sentencing. 

Sec. 103.006.  Provides that the claimant, if the trier of fact finds that
the claimant is entitled to compensation, is entitled to certain specific
compensatory amounts.  Prohibits the trier of fact, in determining the sum
of money owed to the claimant, from deducting any expenses incurred by the
state or any of its political subdivisions in connection with the arrest,
prosecution, conviction, and wrongful imprisonment of the claimant,
including expenses for food, clothing, shelter, and medical services.
Deletes existing text pertaining to the claimant's compensation. 

SECTION 2.  Amends Section 103.005(a), Civil Practice and Remedies Code, to
authorize the court to admit in the suit as evidence the record of the
trial at which the petitioner was convicted and, if applicable, the pardon
or proclamation issued to the petitioner by the governor.  Makes a
nonsubstantive change. 

SECTION 3.  Amends Section 103.007, Civil Practices and Remedies Code, to
require a person who claims compensation for a sentence served in whole or
in part after August 30, 1965, to bring the action within three, rather
than two, years after certain relative events.  Makes conforming and
nonsubstantive changes. 

SECTION 4.  Makes application of this Act prospective both to actions
commenced on or after the effective date of this Act and actions pending on
that effective date in which the trial, or any new trial or retrial
following motion, appeal, or otherwise, begins on or after that effective
date. 

 SECTION 5.  Effective date: September 1, 2001.

SUMMARY OF COMMITTEE CHANGES

Differs from the original by amending proposed Section 103.001, Civil
Practice and Remedies Code, to provide that a person also is entitled to
compensation if the person has been granted relief on the basis of actual
innocence of the crime for which the person was convicted.