LEGISLATIVE BUDGET BOARD
                              Austin, Texas
                                     
                    FISCAL NOTE, 77th Regular Session
  
                              April 30, 2001
  
  
          TO:  Honorable Fred M. Bosse, Chair, House Committee on Civil
               Practices
  
        FROM:  John Keel, Director, Legislative Budget Board
  
       IN RE:  SB536  by Ellis, Rodney (Relating to compensation to
               persons wrongfully imprisoned.), Committee Report 2nd
               House, Substituted
  
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*  No significant fiscal implication to the State is anticipated.        *
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Senate Bill 536 would amend the Civil Practice and Remedies Code to
expand, in a claim for wrongful imprisonment, the amount payable as
damages. If a claimant were found to be entitled to compensation, the
claimant would receive $20,000 for each full year of wrongful
imprisonment, prorated for a partial year of imprisonment, or $250,000
for serving 10 years or more. A person would not be eligible for
compensation if the person were serving a concurrent sentence for another
crime.

The bill would also allow claimants who had a conviction reversed on
appeal on the basis of legally insufficient evidence or prosecutorial
misconduct to apply for compensation.

The bill would require the Board of Pardons and Paroles to make a
determination of eligibility and the amount owed to the wrongfully
imprisoned person. In addition, the Board of Pardons and Paroles shall
provide a list of claimants and the amounts due for each claimant to the
governor, the lieutenant governor, and the chair of the appropriate
committee in each house of the legislature so that the legislature may
appropriate the amount needed to pay each claimant the amount owed.

The bill would prohibit a claimant who had received compensation from
bringing action on the same subject matter against other governmental
entities or persons acting on behalf of governmental entities.

The bill would remove the $50,000 limit on damages and delete the
provision for compensation for physical and mental pain and suffering.

The Office of the Attorney General (OAG) estimates that any additional
legal work resulting from passage of the bill could be reasonably
absorbed within current resources. According to the OAG, there was one
wrongful imprisonment lawsuit funded in the 76th Legislative Session.
The OAG reports there are currently three and possibly four lawsuits
awaiting funding by the 77th Legislature. 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:   696   Texas Department of Criminal Justice, 304
                   Comptroller of Public Accounts, 302   Office of the
                   Attorney General
LBB Staff:         JK, TB, JC