By Coleman H.B. No. 1536
77R4805 SGA-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to compensation for persons wrongfully imprisoned.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 103.001, Civil Practice and Remedies
1-5 Code, is amended to read as follows:
1-6 Sec. 103.001. CLAIMANTS ENTITLED TO COMPENSATION. A person
1-7 is entitled to compensation if the person:
1-8 (1) has served in whole or in part a sentence in
1-9 prison under the laws of this state;
1-10 (2) [pleaded "not guilty" to the charge for which he
1-11 was convicted and that led to the imprisonment;]
1-12 [(3)] is not guilty of the crime for which he was
1-13 sentenced; and
1-14 (3) [(4)] has received a full pardon for the crime and
1-15 punishment for which he was sentenced.
1-16 SECTION 2. Section 103.006, Civil Practice and Remedies
1-17 Code, is amended to read as follows:
1-18 Sec. 103.006. DAMAGES. (a) If the jury or the judge in a
1-19 nonjury trial finds that the claimant is entitled to compensation,
1-20 the jury or judge shall assess damages to compensate the claimant.
1-21 The claimant is entitled to [fairly and reasonably for]:
1-22 (1) compensation for physical and mental pain and
1-23 suffering sustained by the claimant [him] as a proximate result of
1-24 the erroneous conviction or imprisonment from the time of the
2-1 conviction by the trial court; [and]
2-2 (2) compensation for all reasonable and necessary
2-3 medical expenses incurred by the claimant [him] as a proximate
2-4 result of the erroneous conviction or imprisonment from the time of
2-5 the conviction by the trial court; and
2-6 (3) $20,000 for each full year that the claimant was
2-7 wrongfully imprisoned, and for each part of a year that the
2-8 claimant was wrongfully imprisoned, a prorated share of $20,000.
2-9 (b) Damages [assessed for physical and mental pain and
2-10 suffering may not exceed $25,000. Total damages] assessed under
2-11 Subsection (a)(3) shall be adjusted to reflect the cumulative
2-12 percentage increase in the Consumer Price Index for All Urban
2-13 Consumers published by the Bureau of Labor Statistics of the United
2-14 States Department of Labor from the base year of 2001 to the year
2-15 in which the damages under that subsection are awarded by final
2-16 judgment or settlement [this chapter may not exceed $50,000].
2-17 (c) Not later than December 31 of each year the secretary of
2-18 state shall compute the multiplier based on the Consumer Price
2-19 Index specified by Subsection (b) to be used during the following
2-20 year to adjust damages assessed in Subsection (a)(3), using the
2-21 most recent information available from the Bureau of Labor
2-22 Statistics of the United States Department of Labor, and shall
2-23 publish the multiplier in the Texas Register.
2-24 SECTION 3. (a) This Act applies to all actions:
2-25 (1) commenced on or after the effective date of this
2-26 Act; or
2-27 (2) pending on that effective date and in which the
3-1 trial, or any new trial or retrial following motion, appeal, or
3-2 otherwise, begins on or after that effective date.
3-3 (b) In an action commenced before the effective date of this
3-4 Act, a trial, new trial, or retrial that is in progress on the
3-5 effective date is governed by the law applicable to the trial, new
3-6 trial, or retrial immediately before the effective date, and that
3-7 law is continued in effect for that purpose.
3-8 SECTION 4. This Act takes effect immediately if it receives
3-9 a vote of two-thirds of all the members elected to each house, as
3-10 provided by Section 39, Article III, Texas Constitution. If this
3-11 Act does not receive the vote necessary for immediate effect, this
3-12 Act takes effect September 1, 2001.