| 1 | 1 | | 84R5592 MEW-D |
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| 2 | 2 | | By: Estes S.B. No. 621 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to criminal offenses involving, and governmental |
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| 8 | 8 | | liability for retaliatory prosecutions associated with, the |
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| 9 | 9 | | filming, recording, photographing, documenting, or observing of a |
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| 10 | 10 | | peace officer. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Title 5, Civil Practice and Remedies Code, is |
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| 13 | 13 | | amended by adding Chapter 112 to read as follows: |
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| 14 | 14 | | CHAPTER 112. LIABILITY OF GOVERNMENTAL UNIT FOR CERTAIN |
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| 15 | 15 | | UNSUCCESSFUL PROSECUTIONS |
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| 16 | 16 | | Sec. 112.001. DEFINITION. In this chapter, "governmental |
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| 17 | 17 | | unit" has the meaning assigned by Section 101.001. |
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| 18 | 18 | | Sec. 112.002. LIABILITY FOR CERTAIN RETALIATORY |
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| 19 | 19 | | PROSECUTIONS. A person who is prosecuted for an offense under |
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| 20 | 20 | | Section 22.01(a)(1) or 38.15(a)(1), Penal Code, or Section |
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| 21 | 21 | | 542.501(a)(1), Transportation Code, and is acquitted of the offense |
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| 22 | 22 | | may recover in a civil action against the governmental unit that |
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| 23 | 23 | | employed any peace officer who accused the person of the offense of |
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| 24 | 24 | | which the person was acquitted if the person shows by a |
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| 25 | 25 | | preponderance of the evidence that: |
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| 26 | 26 | | (1) the person was filming, recording, photographing, |
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| 27 | 27 | | documenting, or observing the peace officer; and |
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| 28 | 28 | | (2) the peace officer's accusation was made in |
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| 29 | 29 | | retaliation for the person's act of filming, recording, |
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| 30 | 30 | | photographing, documenting, or observing the peace officer. |
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| 31 | 31 | | Sec. 112.003. REMEDY. A person who prevails in a suit |
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| 32 | 32 | | against a governmental unit under Section 112.002 is entitled to |
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| 33 | 33 | | recover only the person's reasonable attorney's fees incurred in |
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| 34 | 34 | | connection with the retaliatory prosecution. |
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| 35 | 35 | | Sec. 112.004. SOVEREIGN IMMUNITY WAIVED. Sovereign |
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| 36 | 36 | | immunity to suit and liability is waived and abolished to the extent |
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| 37 | 37 | | of liability created by this chapter. |
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| 38 | 38 | | SECTION 2. Section 22.01, Penal Code, is amended by adding |
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| 39 | 39 | | Subsection (f-1) to read as follows: |
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| 40 | 40 | | (f-1) It is a defense to prosecution under Subsection (a)(1) |
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| 41 | 41 | | that the conduct engaged in by the defendant consisted only of |
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| 42 | 42 | | filming, recording, photographing, documenting, or observing a |
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| 43 | 43 | | peace officer. |
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| 44 | 44 | | SECTION 3. Section 38.15(c), Penal Code, is amended to read |
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| 45 | 45 | | as follows: |
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| 46 | 46 | | (c) It is a defense to prosecution under Subsection (a)(1) |
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| 47 | 47 | | that the conduct engaged in by the defendant: |
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| 48 | 48 | | (1) was intended to warn a person operating a motor |
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| 49 | 49 | | vehicle of the presence of a peace officer who was enforcing |
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| 50 | 50 | | Subtitle C, Title 7, Transportation Code; or |
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| 51 | 51 | | (2) consisted only of filming, recording, |
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| 52 | 52 | | photographing, documenting, or observing a peace officer. |
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| 53 | 53 | | SECTION 4. Section 542.501, Transportation Code, is amended |
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| 54 | 54 | | to read as follows: |
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| 55 | 55 | | Sec. 542.501. OBEDIENCE REQUIRED TO PEACE [POLICE] OFFICERS |
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| 56 | 56 | | AND TO SCHOOL CROSSING GUARDS. (a) A person may not wilfully fail |
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| 57 | 57 | | or refuse to comply with a lawful order or direction of: |
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| 58 | 58 | | (1) a peace [police] officer; or |
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| 59 | 59 | | (2) a school crossing guard who: |
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| 60 | 60 | | (A) is performing crossing guard duties in a |
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| 61 | 61 | | school crosswalk to stop and yield to a pedestrian; or |
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| 62 | 62 | | (B) has been trained under Section 600.004 and is |
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| 63 | 63 | | directing traffic in a school crossing zone. |
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| 64 | 64 | | (b) Subsection (a)(1) does not apply to an order or |
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| 65 | 65 | | direction to cease filming, recording, photographing, documenting, |
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| 66 | 66 | | or observing a peace officer while the officer is engaged in the |
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| 67 | 67 | | performance of official duties. |
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| 68 | 68 | | SECTION 5. Chapter 112, Civil Practice and Remedies Code, |
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| 69 | 69 | | as added by this Act, applies only with respect to a prosecution of |
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| 70 | 70 | | an offense committed on or after the effective date of this Act. |
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| 71 | 71 | | SECTION 6. (a) Except as provided by Subsection (b) of this |
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| 72 | 72 | | section, Sections 22.01 and 38.15, Penal Code, and Section 542.501, |
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| 73 | 73 | | Transportation Code, as amended by this Act, apply to the |
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| 74 | 74 | | prosecution of an offense under one of those sections commenced |
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| 75 | 75 | | before, on, or after the effective date of this Act. |
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| 76 | 76 | | (b) A final conviction for an offense under Section 22.01 or |
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| 77 | 77 | | 38.15, Penal Code, or Section 542.501, Transportation Code, that |
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| 78 | 78 | | exists on the effective date of this Act is unaffected by this Act. |
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| 79 | 79 | | SECTION 7. This Act takes effect September 1, 2015. |
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