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.