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.