| 1 | 1 | | 87R2562 JES-D |
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| 2 | 2 | | By: Middleton H.B. No. 2335 |
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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 civil liability of certain prosecutors for policies |
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| 8 | 8 | | related to the prosecution of rioters. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Title 5, Civil Practice and Remedies Code, is |
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| 11 | 11 | | amended by adding Chapter 117 to read as follows: |
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| 12 | 12 | | CHAPTER 117. LIABILITY RELATED TO PROSECUTION OF RIOTERS |
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| 13 | 13 | | Sec. 117.0001. DEFINITIONS. In this chapter: |
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| 14 | 14 | | (1) "Prosecutor" means a district attorney, criminal |
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| 15 | 15 | | district attorney, or county attorney. |
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| 16 | 16 | | (2) "Riot" has the meaning assigned by Section 42.02, |
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| 17 | 17 | | Penal Code. |
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| 18 | 18 | | Sec. 117.0002. LIABILITY FOR FAILURE TO PROSECUTE RIOTERS. |
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| 19 | 19 | | (a) A prosecutor is liable in that individual's official capacity |
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| 20 | 20 | | for significant physical injury, death, or property damage if: |
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| 21 | 21 | | (1) the physical injury, death, or property damage: |
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| 22 | 22 | | (A) was caused by criminal conduct that occurred |
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| 23 | 23 | | during a riot and in the prosecutor's jurisdiction; and |
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| 24 | 24 | | (B) was a foreseeable outcome of the riot; and |
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| 25 | 25 | | (2) the prosecutor had established, at the time of the |
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| 26 | 26 | | riot, a formal or informal policy of not prosecuting an individual |
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| 27 | 27 | | who engages in criminal conduct as part of a riot. |
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| 28 | 28 | | (b) A prosecutor's public statements regarding riots and |
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| 29 | 29 | | evidence showing that a prosecutor routinely did not prosecute |
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| 30 | 30 | | individuals who engaged in criminal conduct as part of a riot are |
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| 31 | 31 | | admissible in a civil proceeding under Subsection (a) for the |
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| 32 | 32 | | purpose of establishing that the prosecutor has established an |
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| 33 | 33 | | informal policy described by Subsection (a)(2). |
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| 34 | 34 | | Sec. 117.0003. WAIVER OF SOVEREIGN AND GOVERNMENTAL |
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| 35 | 35 | | IMMUNITY. Sovereign immunity of this state and governmental |
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| 36 | 36 | | immunity of a political subdivision to suit is waived and abolished |
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| 37 | 37 | | to the extent of liability created by this chapter. |
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| 38 | 38 | | SECTION 2. Chapter 117, Civil Practice and Remedies Code, |
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| 39 | 39 | | as added by this Act, applies only to a cause of action that accrues |
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| 40 | 40 | | on or after the effective date of this Act. A cause of action that |
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| 41 | 41 | | accrued before the effective date of this Act is governed by the law |
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| 42 | 42 | | applicable to the cause of action immediately before the effective |
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| 43 | 43 | | date of this Act, and that law is continued in effect for that |
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| 44 | 44 | | purpose. |
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| 45 | 45 | | SECTION 3. This Act takes effect September 1, 2021. |
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