HBA-NRS H.B. 1986 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 1986 By: Dutton 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. The current compensation standard does not address compensation for attorney's fees associated with the individual's legal defense. House Bill 1986 allows the jury or judge in a nonjury trial to assess damages to compensate a claimant for all reasonable attorney's fees if the claimant is found to 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 1986 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 for all reasonable attorney's fees incurred by the claimant in connection with associated criminal proceedings and appeals, the claimant's discharge from imprisonment, and prosecuting the lawsuit. EFFECTIVE DATE The Act takes effect on the 91st day after adjournment.