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.