| 1 | 1 | | 88R6611 JES-D |
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| 2 | 2 | | By: Oliverson H.B. No. 2117 |
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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 liability of judges and magistrates for the improper |
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| 8 | 8 | | release on personal bond of defendants accused of committing |
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| 9 | 9 | | certain felony offenses. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Title 5, Civil Practice and Remedies Code, is |
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| 12 | 12 | | amended by adding Chapter 108A to read as follows: |
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| 13 | 13 | | CHAPTER 108A. PUBLIC SERVANT LIABILITY |
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| 14 | 14 | | Sec. 108A.001. LIABILITY OF JUDGE OR MAGISTRATE FOR |
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| 15 | 15 | | IMPROPER RELEASE. (a) A victim of an offense that was committed by |
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| 16 | 16 | | a person while the person was released on personal bond, or the |
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| 17 | 17 | | victim's estate if the victim is deceased, may bring a cause of |
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| 18 | 18 | | action against the judge or magistrate who released the person on |
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| 19 | 19 | | personal bond for damages incurred as a result of the offense if: |
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| 20 | 20 | | (1) the offense for which the person was released on |
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| 21 | 21 | | personal bond is an offense involving violence, as defined by |
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| 22 | 22 | | Article 17.03, Code of Criminal Procedure; and |
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| 23 | 23 | | (2) the judge or magistrate released the defendant on |
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| 24 | 24 | | personal bond in violation of Article 17.03(b-2), Code of Criminal |
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| 25 | 25 | | Procedure. |
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| 26 | 26 | | (b) The amount of damages awarded in an action brought under |
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| 27 | 27 | | this section may not exceed $10 million. |
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| 28 | 28 | | (c) A judge or magistrate may not assert judicial immunity |
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| 29 | 29 | | or other forms of immunity as a defense to an action brought under |
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| 30 | 30 | | this section. |
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| 31 | 31 | | (d) Section 108.002 does not apply to an action brought |
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| 32 | 32 | | under this section. |
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| 33 | 33 | | SECTION 2. Section 108A.001, Civil Practice and Remedies |
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| 34 | 34 | | Code, as added by this Act, applies only with respect to the release |
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| 35 | 35 | | of a person on personal bond on or after the effective date of this |
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| 36 | 36 | | Act. |
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| 37 | 37 | | SECTION 3. This Act takes effect September 1, 2023. |
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