HBA-MSH S.B. 536 77(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 536
By: Ellis, Rodney
Civil Practices
4/23/2001
Engrossed



BACKGROUND AND PURPOSE 

Under current Texas law, a person wrongfully convicted of a crime is
entitled to a maximum total compensation of $50,000, regardless of the
length of term served in prison.  Also, a person bringing a claim for
compensation for wrongful imprisonment must have pleaded not guilty to the
crime and 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.  The current
limitation of action to bring a suit for wrongful imprisonment is two years
after the date of release.  Senate Bill 536 expands provisions relating to
compensation for wrongful imprisonment and extends the deadline for an
action for 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

Senate Bill 536 amends the Civil Practice and Remedies Code to provide that
a person is entitled to compensation if the person has served in whole or
in part a sentence in prison under the laws of this state and has received
a full pardon on the basis of innocence or has been granted relief on the
basis of actual innocence for the crime for which the person was convicted
and imprisoned. If the trier of fact finds that the claimant is entitled to
compensation, the bill entitles the claimant to expenses incurred by the
claimant in connection with all associated criminal proceedings and appeals
and in connection with obtaining the claimant's discharge from imprisonment
as well as, lost wages, salary, or other earned income, medical and
counseling expenses incurred by the claimant as a direct result of the
arrest, prosecution, conviction, or wrongful imprisonment, and $25,000 for
each full year that the claimant was wrongfully imprisoned and a prorated
share of $25,000 for each part of a year that the claimant was wrongfully
imprisoned. The bill prohibits the trier of fact from deducting any
expenses incurred by the state or any of its political subdivisions in
connection with the arrest, prosecution, conviction, and wrongful
imprisonment of the claimant in determining the sum of money owed to the
claimant.  The bill increases from two to three years the limitation of
action on a claim of wrongful imprisonment under specified conditions. 

EFFECTIVE DATE

September 1, 2001.