LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 77th Regular Session March 6, 2001 TO: Honorable Fred M. Bosse, Chair, House Committee on Civil Practices FROM: John Keel, Director, Legislative Budget Board IN RE: HB520 by Gallego (Relating to compensation for persons wrongfully imprisoned or sentenced to death.), As Introduced ************************************************************************** * No significant fiscal implication to the State is anticipated. * ************************************************************************** The bill would increase the cap for damages for wrongful imprisonment for physical pain and suffering from $25,000 to $50,000 and the total cap from $50,000 to $100,000. The bill would also create a separate compensation schedule for those persons who had received a death sentence. The limit for death sentence persons would be capped at $200,000. The bill also lists factors for a judge or jury to consider in awarding damages. The Office of the Attorney General (OAG) estimates that any additional legal work resulting from the passage of the bill could be reasonably absorbed within current resources. There was one wrongful imprisonment lawsuit funded in the 1999 legislative session. Currently, there are three, possibly four, awaiting funding. The OAG anticipates a similar number of lawsuits each session. Local Government Impact No fiscal implication to units of local government is anticipated. Source Agencies: 304 Comptroller of Public Accounts, 302 Office of the Attorney General LBB Staff: JK, TB