By Dutton H.B. No. 1986
77R5276 SGA-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to compensation of a person wrongfully imprisoned.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 103.006(a), Civil Practice and Remedies
1-5 Code, is amended to read as follows:
1-6 (a) If the jury or the judge in a nonjury trial finds that
1-7 the claimant is entitled to compensation, the jury or judge shall
1-8 assess damages to compensate the claimant fairly and reasonably
1-9 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 him as a proximate result of the erroneous conviction
1-16 or imprisonment from the time of the conviction by the trial court;
1-17 and
1-18 (3) all reasonable attorney's fees incurred by the
1-19 claimant in connection with associated criminal proceedings and
1-20 appeals, the claimant's discharge from imprisonment, and
1-21 prosecuting the lawsuit under this chapter.
1-22 SECTION 2. (a) This Act applies to all actions under Chapter
1-23 103, Civil Practice and Remedies Code, as amended by this Act:
1-24 (1) commenced on or after the effective date of this
2-1 Act; or
2-2 (2) pending on that effective date and in which the
2-3 trial, or any new trial or retrial following motion, appeal, or
2-4 otherwise, begins on or after that effective date.
2-5 (b) In an action commenced before the effective date of this
2-6 Act, a trial, new trial, or retrial that is in progress on the
2-7 effective date is governed by the law applicable to the trial, new
2-8 trial, or retrial immediately before the effective date, and that
2-9 law is continued in effect for that purpose.