By Ellis S.B. No. 536
77R5445 SGA-F
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 had the conviction reversed on appeal on the
1-19 basis of legally insufficient evidence to sustain the conviction or
1-20 of prosecutorial misconduct and the person is ultimately exonerated
1-21 of the crime by dismissal or acquittal [for the crime and
1-22 punishment for which he was sentenced].
1-23 Sec. 103.006. DAMAGES. (a) If the trier of fact finds that
1-24 the claimant is entitled to compensation, the claimant is entitled
2-1 to:
2-2 (1) expenses incurred by the claimant in connection
2-3 with all associated criminal proceedings and appeals and in
2-4 connection with obtaining the claimant's discharge from
2-5 imprisonment, including any fine or court costs paid and reasonable
2-6 attorney's fees, including reasonable attorney's fees for
2-7 prosecuting the lawsuit under this chapter;
2-8 (2) wages, salary, or other earned income that were
2-9 lost as a direct result of the arrest, prosecution, conviction, or
2-10 wrongful imprisonment;
2-11 (3) medical and counseling expenses incurred by the
2-12 claimant as a direct result of the arrest, prosecution, conviction,
2-13 or wrongful imprisonment; and
2-14 (4) $25,000 for each full year that the claimant was
2-15 wrongfully imprisoned, and for each part of a year that the
2-16 claimant was wrongfully imprisoned, a prorated share of $25,000.
2-17 (b) In determining the sum of money owed to the claimant,
2-18 the trier of fact may not deduct any expenses incurred by the state
2-19 or any of its political subdivisions in connection with the arrest,
2-20 prosecution, conviction, and wrongful imprisonment of the claimant,
2-21 including expenses for food, clothing, shelter, and medical
2-22 services. [If the jury or the judge in a nonjury trial finds that
2-23 the claimant is entitled to compensation, the jury or judge shall
2-24 assess damages to compensate the claimant fairly and reasonably
2-25 for:]
2-26 [(1) physical and mental pain and suffering sustained
2-27 by him as a proximate result of the erroneous conviction or
3-1 imprisonment from the time of the conviction by the trial court;
3-2 and]
3-3 [(2) all reasonable and necessary medical expenses
3-4 incurred by him as a proximate result of the erroneous conviction
3-5 or imprisonment from the time of the conviction by the trial court.]
3-6 [(b) Damages assessed for physical and mental pain and
3-7 suffering may not exceed $25,000. Total damages assessed under
3-8 this chapter may not exceed $50,000.]
3-9 SECTION 2. Section 103.005(a), Civil Practice and Remedies
3-10 Code, is amended to read as follows:
3-11 (a) In the suit, the court may admit as evidence the record
3-12 of the trial at which the petitioner was convicted and, if
3-13 applicable, the pardon or proclamation issued to the petitioner
3-14 [him] by the governor.
3-15 SECTION 3. Section 103.007, Civil Practice and Remedies
3-16 Code, is amended to read as follows:
3-17 Sec. 103.007. LIMITATION OF ACTION. (a) A person who claims
3-18 compensation for a sentence served in whole or in part after August
3-19 30, 1965, must bring the action within three [two] years after:
3-20 (1) the person ceased serving the sentence of
3-21 imprisonment;
3-22 (2) the person was released from custody; or
3-23 (3) the person discovered or should have discovered
3-24 the evidence substantiating the person's [his] innocence.
3-25 (b) A person who claims compensation for a sentence served
3-26 before August 30, 1965, must bring the action within three [two]
3-27 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.