By Wilson                                              H.B. No. 671
         77R3422 SGA-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to compensation for individuals unjustly 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     The claimant is entitled to [fairly and reasonably for]:
1-10                 (1)  compensation for physical and mental pain and
1-11     suffering sustained by the claimant [him] as a proximate result of
1-12     the erroneous conviction or imprisonment from the time of the
1-13     conviction by the trial court; [and]
1-14                 (2)  compensation for all reasonable and necessary
1-15     medical expenses incurred by the claimant [him] as a proximate
1-16     result of the erroneous conviction or imprisonment from the time of
1-17     the conviction by the trial court; and
1-18                 (3)  $20,000 for each full year that the claimant was
1-19     wrongfully imprisoned, and for each part of a year that the
1-20     claimant was wrongfully imprisoned, a prorated share of $20,000.
1-21           (b)  Damages assessed under Subsection (a) for physical and
1-22     mental pain and suffering may not exceed $25,000.  Damages assessed
1-23     under Subsection (a)  for medical expenses may not exceed $50,000.
1-24     [Total damages assessed under this chapter may not exceed $50,000.]
 2-1           SECTION 2. (a)  This Act applies to all actions:
 2-2                 (1)  commenced on or after the effective date of this
 2-3     Act; or
 2-4                 (2)  pending on that effective date and in which the
 2-5     trial, or any new trial or retrial following motion, appeal, or
 2-6     otherwise, begins on or after that effective date.
 2-7           (b)  In an action commenced before the effective date of this
 2-8     Act, a trial, new trial, or retrial that is in progress on the
 2-9     effective date is governed by the law applicable to the trial, new
2-10     trial, or retrial immediately before the effective date, and that
2-11     law is continued in effect for that purpose.
2-12           SECTION 3.  This Act takes effect immediately if it receives
2-13     a vote of two-thirds of all the members elected to each house, as
2-14     provided by Section 39, Article III, Texas Constitution.  If this
2-15     Act does not receive the vote necessary for immediate effect, this
2-16     Act takes effect September 1, 2001.