HBA-DMH H.B. 671 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 671
By: Wilson
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. Current law does not
compensate claimants for their loss of civil liberties owing to wrongful
imprisonment. House Bill 671 requires the jury or judge in a nonjury trial
that finds that a claimant has been wrongfully imprisoned and is entitled
to compensation to assess damages to compensate the claimant in the amount
of $20,000 for each full year the claimant was wrongfully imprisoned and a
prorated share of $20,000 for each part of a year that the claimant was
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 671 amends the Civil Practice and Remedies Code to delete the
prohibition limiting the maximum amount of total damages assessed to
compensate a person for wrongful imprisonment.  The bill prohibits damages
assessed for medical expenses from exceeding $50,000.  The bill entitles a
claimant to $20,000 for each full year that the claimant was wrongfully
imprisoned, and to a prorated share of $20,000 for each part of a year that
the claimant was wrongfully imprisoned. 

EFFECTIVE DATE

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