HBA-NRS H.B. 633 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 633 By: Turner, Sylvester Civil Practices 3/6/2001 Introduced BACKGROUND AND PURPOSE Under current law, a person who has been wrongfully imprisoned is entitled to compensation totaling up to $50,000, with damages for physical and mental pain and suffering limited to $25,000. This standard does not properly account for lost wages, nor does it adequately compensate a person who is wrongfully imprisoned. House Bill 633 creates a new standard for compensation to individuals that are wrongfully imprisoned that utilizes the measure of lost wages to allow individuals to seek damages based on the period of time that they have been wrongfully imprisoned. 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 633 amends the Civil Practice and Remedies Code to require the jury or judge in a nonjury trial that finds that a claimant is entitled to compensation for wrongful imprisonment to assess damages to compensate the claimant fairly and reasonably for lost wages in an amount equal to the greater of $25,000 or the years of imprisonment multiplied by the federal minimum hourly wage at the time of release and 2,000 hours. The bill prohibits damages for lost wages from exceeding $100,000 and prohibits damages for reasonable and necessary medical expenses from exceeding $25,000. The bill deletes provisions related to physical and mental pain and suffering sustained from an erroneous conviction or imprisonment. The bill deletes the provision that prohibits total damages for compensation to persons wrongfully imprisoned from exceeding $50,000. EFFECTIVE DATE September 1, 2001.