House Resolution 102

Chair's Name: Ben Harbin

Committee: Appropriations

House Sponsor: Larry O�Neal 

HR 102 is a resolution authorizing the Department of Corrections to compensate Robert Clark for 23 years of incarceration for a crime he did not commit. Mr. Clark was cleared of the crime in December, 2005 based on DNA evidence.  The compensation will be in the form of two annuities. The first is for one million dollars, payable in monthly installments over the next 15 years, with an initial lump sum payment. This annuity continues to be paid to his estate upon his death. The purpose of the second annuity of $200,000 is to cover the medical expenses associated with treating Hepatitis, which Mr. Clark contracted while in prison. This annuity ceases upon Mr. Clark�s death.

The committee substitute received a Do Pass recommendation from the Appropriations Committee and comes to the House Floor under the Structured Rule. 

Chairman Harbin�s opinion of this legislation:

WHAT PROBLEM/OPPORTUNITY DOES THIS LEGISLATION ADDRESS?

This resolution compensates Robert Clark for lost wages, damages, medical expenses, etc for his 23 year wrongful incarceration.

THIS LEGISLATION:

• Strengthens the Traditional Family Structure

This provides compensation to Mr. Clark, which he can leave to his family upon his death.  The family of Mr. Clark has spent a great deal of money towards his defense.  Further, it will assist with his medical costs associated with Hepatitis C, which he contracted while in prison.  The condition makes Mr. Clark uninsurable.

Senate Changes:

The Senate made two minor changes to the house language. The compensating agency was changed from the Department of Corrections to the Department of Administrative Services and the monthly annuity payments will begin one year after the payment of the initial lump sum, rather than beginning immediately. Representative O'Neal will likely move to agree.