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.