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.