HBA-MSH, DMH H.B. 1057 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1057
By: Gallego
Civil Practices
3/6/2001
Introduced



BACKGROUND AND PURPOSE 

Under current law, a person bringing a claim for compensation for wrongful
imprisonment must have plead "not guilty" to the crime, and must have
received a full pardon for the crime to be entitled to compensation. Not
all wrongfully sentenced persons apply for or receive a full pardon, which
makes them ineligible for compensation.  House Bill 1057 modifies the
conditions under which a wrongfully imprisoned person is entitled to
compensation. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 1057 amends the Civil Practice and Remedies Code to modify the
conditions under which  a wrongfully imprisoned person is entitled to
compensation.  The bill provides that a judgment in an action or a
settlement of a claim for wrongful imprisonment that results in
compensation to the claimant bars any other action involving the same
subject matter by the claimant against a governmental unit or an employee
of a governmental unit. 

EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001.