By Gallego H.B. No. 520
77R2737 SGA-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to compensation for persons wrongfully imprisoned or
1-3 sentenced to death.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 103.006, Civil Practice and Remedies
1-6 Code, is amended by amending Subsection (b) and adding Subsections
1-7 (c) and (d) to read as follows:
1-8 (b) Except as provided by Subsection (c), damages [Damages]
1-9 assessed for physical and mental pain and suffering may not exceed
1-10 $50,000, and total [$25,000. Total] damages assessed under this
1-11 chapter may not exceed $100,000 [$50,000].
1-12 (c) If the claimant was sentenced to death for the crime,
1-13 damages assessed for physical and mental pain and suffering may not
1-14 exceed $100,000, and total damages assessed under this chapter may
1-15 not exceed $200,000.
1-16 (d) In assessing the fair and reasonable amount of damages
1-17 to which a claimant is entitled, the jury or the judge in a
1-18 nonjury trial shall consider all relevant factors, including:
1-19 (1) the length of time of the claimant's imprisonment;
1-20 (2) the conditions of the claimant's imprisonment;
1-21 (3) the age of the claimant at the time of conviction
1-22 and at the time of release;
1-23 (4) any change in the claimant's family relationships
1-24 during the period of imprisonment; and
2-1 (5) lost wages and opportunities forfeited by the
2-2 claimant during the period of imprisonment.
2-3 SECTION 2. (a) This Act applies to all actions:
2-4 (1) commenced on or after the effective date of this
2-5 Act; or
2-6 (2) pending on that effective date and in which the
2-7 trial, or any new trial or retrial following motion, appeal, or
2-8 otherwise, begins on or after that effective date.
2-9 (b) In an action commenced before the effective date of this
2-10 Act, a trial, new trial, or retrial that is in progress on the
2-11 effective date is governed by the law applicable to the trial, new
2-12 trial, or retrial immediately before the effective date, and that
2-13 law is continued in effect for this purpose.
2-14 SECTION 3. This Act takes effect immediately if it receives
2-15 a vote of two-thirds of all the members elected to each house, as
2-16 provided by Section 39, Article III, Texas Constitution. If this
2-17 Act does not receive the vote necessary for immediate effect, this
2-18 Act takes effect September 1, 2001.