By: Ellis, et al. S.B. No. 536
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to compensation for wrongful imprisonment.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Sections 103.001 and 103.006, Civil Practice and
1-5 Remedies Code, are 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 and for the crime for which the
1-10 person was convicted and imprisoned:
1-11 (1) [;]
1-12 [(2) pleaded "not guilty" to the charge for which he
1-13 was convicted and that led to the imprisonment;]
1-14 [(3) is not guilty of the crime for which he was
1-15 sentenced; and]
1-16 [(4)] has received a full pardon on the basis of
1-17 innocence; or
1-18 (2) has been granted relief on the basis of actual
1-19 innocence of [for] the crime [and punishment] for which the person
1-20 [he] was sentenced.
1-21 Sec. 103.006. DAMAGES. (a) If the trier of fact finds that
1-22 the claimant is entitled to compensation, the claimant is entitled
1-23 to:
1-24 (1) expenses incurred by the claimant in connection
1-25 with all associated criminal proceedings and appeals and in
2-1 connection with obtaining the claimant's discharge from
2-2 imprisonment, including any fine or court costs paid and reasonable
2-3 attorney's fees, including reasonable attorney's fees for
2-4 prosecuting the lawsuit under this chapter;
2-5 (2) wages, salary, or other earned income that was
2-6 lost as a direct result of the arrest, prosecution, conviction, or
2-7 wrongful imprisonment;
2-8 (3) medical and counseling expenses incurred by the
2-9 claimant as a direct result of the arrest, prosecution, conviction,
2-10 or wrongful imprisonment; and
2-11 (4) $25,000 for each full year that the claimant was
2-12 wrongfully imprisoned and, for each part of a year that the
2-13 claimant was wrongfully imprisoned, a prorated share of $25,000.
2-14 (b) In determining the sum of money owed to the claimant,
2-15 the trier of fact may not deduct any expenses incurred by the state
2-16 or any of its political subdivisions in connection with the arrest,
2-17 prosecution, conviction, and wrongful imprisonment of the claimant,
2-18 including expenses for food, clothing, shelter, and medical
2-19 services. [If the jury or the judge in a nonjury trial finds that
2-20 the claimant is entitled to compensation, the jury or judge shall
2-21 assess damages to compensate the claimant fairly and reasonably
2-22 for:]
2-23 [(1) physical and mental pain and suffering sustained
2-24 by him as a proximate result of the erroneous conviction or
2-25 imprisonment from the time of the conviction by the trial court;
2-26 and]
3-1 [(2) all reasonable and necessary medical expenses
3-2 incurred by him as a proximate result of the erroneous conviction
3-3 or imprisonment from the time of the conviction by the trial court.]
3-4 [(b) Damages assessed for physical and mental pain and
3-5 suffering may not exceed $25,000. Total damages assessed under
3-6 this chapter may not exceed $50,000.]
3-7 SECTION 2. Subsection (a), Section 103.005, Civil Practice
3-8 and Remedies Code, is amended to read as follows:
3-9 (a) In the suit, the court may admit as evidence the record
3-10 of the trial at which the petitioner was convicted and, if
3-11 applicable, the pardon or proclamation issued to the petitioner
3-12 [him] by the governor.
3-13 SECTION 3. Section 103.007, Civil Practice and Remedies
3-14 Code, is amended to read as follows:
3-15 Sec. 103.007. LIMITATION OF ACTION. (a) A person who
3-16 claims compensation for a sentence served in whole or in part after
3-17 August 30, 1965, must bring the action within three [two] years
3-18 after:
3-19 (1) the person ceased serving the sentence of
3-20 imprisonment;
3-21 (2) the person was released from custody; or
3-22 (3) the person discovered or should have discovered
3-23 the evidence substantiating the person's [his] innocence.
3-24 (b) A person who claims compensation for a sentence served
3-25 before August 30, 1965, must bring the action within three [two]
3-26 years after the person [he] discovered or should have discovered
4-1 the evidence substantiating the person's [his] innocence.
4-2 SECTION 4. (a) This Act applies to all actions:
4-3 (1) commenced on or after the effective date of this
4-4 Act; or
4-5 (2) pending on that effective date and in which the
4-6 trial, or any new trial or retrial following motion, appeal, or
4-7 otherwise, begins on or after that effective date.
4-8 (b) In an action commenced before the effective date of this
4-9 Act, a trial, new trial, or retrial that is in progress on the
4-10 effective date is governed by the law applicable to the trial, new
4-11 trial, or retrial immediately before the effective date, and that
4-12 law is continued in effect for that purpose.
4-13 SECTION 5. This Act takes effect September 1, 2001.