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.