Highlights 77th Texas Legislature - Senate

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JURISPRUDENCE
77 th Texas Legislature
Compensation for Wrongful Imprisonment - S.B. 536
by Senator Ellis, et al.
House Sponsors: Representatives Dutton and Clark
Under current Texas law, a person wrongfully convicted of a crime is entitled to a maximum total
compensation of $50,000: $25,000 compensation for medical expenses and $25,000 for physical and
mental pain and suffering, regardless of the length of term served in prison. The current limitation of action
to bring a suit for wrongful imprisonment is two years after the date of release.
Extends the timeframe in which a person may pursue wrongful imprisonment compensation from two years
to three years from the date the person received the pardon or was found not guilty of the crime. The
person may seek compensation either through an administrative proceeding or a civil action.
Under an administrative proceeding, a person may receive $25,000 per year served in prison, if time
served is less than 20 years or $500,000 if the time served is 20 years or more.
In a civil action, the person may seek up to $500,000, in:
• attorney and court expenses associated with all criminal proceedings and an application for
compensation;
• wages, salary, or earned income lost due to wrongful imprisonment; and
• medical and counseling expenses incurred as a result of wrongful imprisonment.
Provides that compensation payments to a wrongfully imprisoned person are terminated if the person is
convicted of a felony crime or dies.
Defendant’s Competency to Stand Trial and Insanity Defense Task Force - S.B. 553
by Senator Duncan
House Sponsor: Representative Gray
Currently, evaluations of a criminal defendant’s competency to stand trial vary throughout the state, which
can lead to an equal protection problem.
Establishes a task force to review methods and procedures used to evaluate a criminal defendant’s
competency to stand trial and the use of the insanity defense and to submit a report to the 78 th Legislature,
including recommendations.
Requires the Texas Council on Offenders with Mental Impairments to perform the administrative functions
of the task force.
Senate Research Center 190