HBA-MSH C.S.S.B. 536 77(R)BILL ANALYSIS Office of House Bill AnalysisC.S.S.B. 536 By: Ellis, Rodney Civil Practices 4/29/2001 Committee Report (Substituted) 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. C.S.S.B. 536 expands provisions relating to compensation for wrongful imprisonment. 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 C.S.S.B. 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, is not guilty of the crime for which the person was sentenced, and the person 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. The bill provides that a person is not entitled to compensation for any part of a sentence in prison during which the person was also serving a concurrent sentence for another crime for which the person is not entitled to compensation (Sec. 103.001). The bill sets forth provisions relating to the application for compensation (Sec. 103.002). The bill provides that a person eligible for compensation is entitled to $20,000 multiplied by the number of years served in prison if the time served is less than 10 years or $250,000 if the time served is 10 years or more. The bill sets forth provisions relating to the payment of compensation (Sec. 103.003 and 103.004). The bill provides that a person applying for compensation must file an application not later than the second anniversary of the date the person received the pardon or was found not guilty (Sec. 103.005). The bill prohibits a person who receives compensation from bringing an action involving the same subject matter against any governmental entity or an employee of any governmental unit (Sec. 103.106). The bill deletes provisions that relate to waiver of immunity, standards of proof, insufficient state defenses, admissible evidence, damages, and limitations of action. EFFECTIVE DATE On passage, or if the Act does not receive the necessary vote, the Act takes effect September 1, 2001. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.S.B. 536 differs from the original to restore the provision that a person is entitled to compensation if the person is not guilty of the crime for which the person was sentenced, and adds that a person is not entitled to compensation for any part of a sentence during which the person served a concurrent sentence for another crime (Sec. 103.001). The substitute removes provisions that entitled a person wrongfully imprisoned to expenses incurred in all associated criminal proceedings and appeals, lost income, and medical and counseling costs. The substitute decreases the amount of damages from $25,000 to $20,000 for each year imprisoned if time served is less than 10 years, and establishes compensation of $250,000 if time served is 10 years or more. The substitute also provides that compensation payments terminate if a person is convicted of a felony (Sec. 103.003). The substitute sets forth provisions relating to the application for compensation and payment of compensation, and restores the time limit for applying to two years rather than three years after the date a person was pardoned or found not guilty (Secs. 103.002, 103.004, and 103.005). The substitute prohibits a person who receives compensation from bringing an action involving the same subject matter against any governmental entity or an employee of any governmental unit (Sec. 103.006). The substitute deletes provisions that relate to waiver of immunity, standards of proof, insufficient state defense, admissible evidence, damages, and limitations of action.