1-1 By: Ellis S.B. No. 536
1-2 (In the Senate - Filed February 5, 2001; February 7, 2001,
1-3 read first time and referred to Committee on Criminal Justice;
1-4 April 9, 2001, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 6, Nays 0; April 9, 2001,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 536 By: Whitmire
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to compensation for wrongful imprisonment.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Sections 103.001 and 103.006, Civil Practice and
1-13 Remedies Code, are amended to read as follows:
1-14 Sec. 103.001. CLAIMANTS ENTITLED TO COMPENSATION. A person
1-15 is entitled to compensation if the person[:]
1-16 [(1)] has served in whole or in part a sentence in
1-17 prison under the laws of this state and for the crime for which the
1-18 person was convicted and imprisoned:
1-19 (1) [;]
1-20 [(2) pleaded "not guilty" to the charge for which he
1-21 was convicted and that led to the imprisonment;]
1-22 [(3) is not guilty of the crime for which he was
1-23 sentenced; and]
1-24 [(4)] has received a full pardon on the basis of
1-25 innocence; or
1-26 (2) has been granted relief on the basis of actual
1-27 innocence of [for] the crime [and punishment] for which the person
1-28 [he] was sentenced.
1-29 Sec. 103.006. DAMAGES. (a) If the trier of fact finds that
1-30 the claimant is entitled to compensation, the claimant is entitled
1-31 to:
1-32 (1) expenses incurred by the claimant in connection
1-33 with all associated criminal proceedings and appeals and in
1-34 connection with obtaining the claimant's discharge from
1-35 imprisonment, including any fine or court costs paid and reasonable
1-36 attorney's fees, including reasonable attorney's fees for
1-37 prosecuting the lawsuit under this chapter;
1-38 (2) wages, salary, or other earned income that was
1-39 lost as a direct result of the arrest, prosecution, conviction, or
1-40 wrongful imprisonment;
1-41 (3) medical and counseling expenses incurred by the
1-42 claimant as a direct result of the arrest, prosecution, conviction,
1-43 or wrongful imprisonment; and
1-44 (4) $25,000 for each full year that the claimant was
1-45 wrongfully imprisoned and, for each part of a year that the
1-46 claimant was wrongfully imprisoned, a prorated share of $25,000.
1-47 (b) In determining the sum of money owed to the claimant,
1-48 the trier of fact may not deduct any expenses incurred by the state
1-49 or any of its political subdivisions in connection with the arrest,
1-50 prosecution, conviction, and wrongful imprisonment of the claimant,
1-51 including expenses for food, clothing, shelter, and medical
1-52 services. [If the jury or the judge in a nonjury trial finds that
1-53 the claimant is entitled to compensation, the jury or judge shall
1-54 assess damages to compensate the claimant fairly and reasonably
1-55 for:]
1-56 [(1) physical and mental pain and suffering sustained
1-57 by him as a proximate result of the erroneous conviction or
1-58 imprisonment from the time of the conviction by the trial court;
1-59 and]
1-60 [(2) all reasonable and necessary medical expenses
1-61 incurred by him as a proximate result of the erroneous conviction
1-62 or imprisonment from the time of the conviction by the trial court.]
1-63 [(b) Damages assessed for physical and mental pain and
1-64 suffering may not exceed $25,000. Total damages assessed under
2-1 this chapter may not exceed $50,000.]
2-2 SECTION 2. Subsection (a), Section 103.005, Civil Practice
2-3 and Remedies Code, is amended to read as follows:
2-4 (a) In the suit, the court may admit as evidence the record
2-5 of the trial at which the petitioner was convicted and, if
2-6 applicable, the pardon or proclamation issued to the petitioner
2-7 [him] by the governor.
2-8 SECTION 3. Section 103.007, Civil Practice and Remedies
2-9 Code, is amended to read as follows:
2-10 Sec. 103.007. LIMITATION OF ACTION. (a) A person who
2-11 claims compensation for a sentence served in whole or in part after
2-12 August 30, 1965, must bring the action within three [two] years
2-13 after:
2-14 (1) the person ceased serving the sentence of
2-15 imprisonment;
2-16 (2) the person was released from custody; or
2-17 (3) the person discovered or should have discovered
2-18 the evidence substantiating the person's [his] innocence.
2-19 (b) A person who claims compensation for a sentence served
2-20 before August 30, 1965, must bring the action within three [two]
2-21 years after the person [he] discovered or should have discovered
2-22 the evidence substantiating the person's [his] innocence.
2-23 SECTION 4. (a) This Act applies to all actions:
2-24 (1) commenced on or after the effective date of this
2-25 Act; or
2-26 (2) pending on that effective date and in which the
2-27 trial, or any new trial or retrial following motion, appeal, or
2-28 otherwise, begins on or after that effective date.
2-29 (b) In an action commenced before the effective date of this
2-30 Act, a trial, new trial, or retrial that is in progress on the
2-31 effective date is governed by the law applicable to the trial, new
2-32 trial, or retrial immediately before the effective date, and that
2-33 law is continued in effect for that purpose.
2-34 SECTION 5. This Act takes effect September 1, 2001.
2-35 * * * * *