HBA-MSH H.B. 520 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 520
By: Gallego
Civil Practices
3/6/2001
Introduced



BACKGROUND AND PURPOSE 

Current law limits to $50,000 the monetary compensation for wrongfully
imprisoned persons.  No differentiation is made for compensation based on
the severity of the sentence or whether a person was sentenced to death or
imprisoned for a number of years.  House Bill 520 raises the limits on
compensation and sets forth certain factors to be considered when
determining the level of 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

House Bill 520 amends the Civil Practice and Remedies Code to increase from
$50,000 to $100,000 the maximum amount of total damages that may be
assessed for compensation to wrongfully imprisoned claimants.  The bill
increases from $25,000 to $50,000 the maximum amount of damages that may be
assessed for pain and suffering for wrongfully imprisoned claimants.  If
the claimant was sentenced to death for the crime, the bill prohibits
damages assessed for physical and mental pain and suffering from exceeding
$100,000, and prohibits total damages assessed from exceeding $200,000.  In
assessing the fair and reasonable amount of damages to which a claimant is
entitled, the bill requires a jury or judge in a nonjury trial to consider
all relevant factors, including the length of time and conditions of the
claimant's imprisonment, the claimant's age at the time of conviction and
at the time of release, any changes in the claimant's family relationships
during the period of imprisonment, and lost wages and opportunities
forfeited by the claimant during the period of imprisonment. 

EFFECTIVE DATE

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