By Turner of Harris                                    H.B. No. 633
         77R2935 YDB-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to compensation for a person wrongfully imprisoned.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1. Section 103.006, Civil Practice and Remedies Code,
 1-5     is amended to read as follows:
 1-6           Sec. 103.006.  DAMAGES. (a)  If the jury or the judge in a
 1-7     nonjury trial finds that the claimant is entitled to compensation,
 1-8     the jury or judge shall assess damages to compensate the claimant
 1-9     fairly and reasonably for:
1-10                 (1)  [physical and mental pain and suffering sustained
1-11     by him as a proximate result of the erroneous conviction or
1-12     imprisonment from the time of the conviction by the trial court;
1-13     and]
1-14                 [(2)]  all reasonable and necessary medical expenses
1-15     incurred by the claimant [him] as a proximate result of the
1-16     erroneous conviction or imprisonment from the time of the
1-17     conviction by the trial court; and
1-18                 (2)  the claimant's lost wages during the period of
1-19     erroneous imprisonment.
1-20           (b)  Subject to Subsection (c), damages for lost wages shall
1-21     be assessed in an amount equal to the greater of:
1-22                 (1)  $25,000; or
1-23                 (2)  the years of imprisonment multiplied by:
1-24                       (A)  the federal minimum hourly wage at the time
 2-1     of release; and
 2-2                       (B)  2,000 hours.
 2-3           (c)  Damages assessed [for physical and mental pain and
 2-4     suffering] may not exceed:
 2-5                 (1)  $25,000 for reasonable and necessary medical
 2-6     expenses; and
 2-7                 (2)  $100,000 for lost wages.  [Total damages assessed
 2-8     under this chapter may not exceed $50,000.]
 2-9           SECTION 2. This Act takes effect September 1, 2001, and
2-10     applies only to a suit for compensation for false imprisonment
2-11     commenced on or after that date.  A suit for compensation for false
2-12     imprisonment commenced before the effective date of this Act is
2-13     governed by the law in effect on the date suit was filed, and the
2-14     former law is continued in effect for that purpose.