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.