BILL ANALYSIS Senate Research Center S.B. 1730 89R12259 AJA-F By: Hall Criminal Justice 5/2/2025 As Filed AUTHOR'S / SPONSOR'S STATEMENT OF INTENT Under current Texas laws, individuals may file civil lawsuits seeking damages for personal injury or death resulting from the use of force or deadly force, even in cases where the defendant's actions have already been deemed lawful in a criminal proceeding. For example, if a homeowner uses deadly force against an intruder and a grand jury declines to indict the homeowner, the injured party, or their family, could still pursue a civil lawsuit against the homeowner. This creates a substantial financial and emotional burden for defendants, as they must defend themselves against potentially meritless claims, often at great personal expense, despite having been cleared of criminal wrongdoing. Additionally, the law provides no deterrent for plaintiffs filing these lawsuits, as they are not required to cover the legal costs or attorney's fees incurred by the defendant, even if the court ultimately finds their claims invalid. This legal gap leaves defendants vulnerable to excessive litigation and financial strain, undermining the protections offered by the criminal justice system. This Bill Would: Prohibit claimants from recovering damages for personal injury or death resulting from a defendant's use of force or deadly force if a grand jury issues a no bill of indictment for criminal charges related to the act, a court dismisses criminal charges related to the act, or the defendant is acquitted of criminal charges related to the act; and Hold claimants liable for the defendant's court costs and reasonable attorney's fees if their recovery is barred under the provisions of this bill. As proposed, S.B. 1730 amends current law relating to the recovery of damages for injuries arising out of certain uses of force or deadly force. RULEMAKING AUTHORITY This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Chapter 83, Civil Practice and Remedies Code, by adding Sections 83.002 and 83.003, as follows: Sec. 83.002. EFFECT OF CRIMINAL PROCEEDINGS ON LIABILITY. Prohibits a claimant from recovering damages for personal injury or death that results from a defendant's act constituting the use of force or deadly force if a grand jury finds no bill of indictment for criminal charges based on the act, a court in a criminal proceeding orders a dismissal of criminal charges based on the act, or the defendant is acquitted of criminal charges based on the act. Sec. 83.003. CLAIMANT'S LIABILITY FOR COURT COSTS AND ATTORNEY'S FEES. Provides that a claimant who is barred from recovery under Chapter 83 (Use of Force or Deadly Force) is liable to the defendant for court costs and reasonable attorney's fees incurred in defending against the barred claim. SECTION 2. Makes application of this Act prospective. SECTION 3. Effective date: upon passage or September 1, 2025.
BILL ANALYSIS
Senate Research Center S.B. 1730
89R12259 AJA-F By: Hall
Criminal Justice
5/2/2025
As Filed
Senate Research Center
S.B. 1730
89R12259 AJA-F
By: Hall
Criminal Justice
5/2/2025
As Filed
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
Under current Texas laws, individuals may file civil lawsuits seeking damages for personal injury or death resulting from the use of force or deadly force, even in cases where the defendant's actions have already been deemed lawful in a criminal proceeding. For example, if a homeowner uses deadly force against an intruder and a grand jury declines to indict the homeowner, the injured party, or their family, could still pursue a civil lawsuit against the homeowner. This creates a substantial financial and emotional burden for defendants, as they must defend themselves against potentially meritless claims, often at great personal expense, despite having been cleared of criminal wrongdoing.
Additionally, the law provides no deterrent for plaintiffs filing these lawsuits, as they are not required to cover the legal costs or attorney's fees incurred by the defendant, even if the court ultimately finds their claims invalid. This legal gap leaves defendants vulnerable to excessive litigation and financial strain, undermining the protections offered by the criminal justice system.
This Bill Would:
Prohibit claimants from recovering damages for personal injury or death resulting from a defendant's use of force or deadly force if a grand jury issues a no bill of indictment for criminal charges related to the act, a court dismisses criminal charges related to the act, or the defendant is acquitted of criminal charges related to the act; and
Hold claimants liable for the defendant's court costs and reasonable attorney's fees if their recovery is barred under the provisions of this bill.
As proposed, S.B. 1730 amends current law relating to the recovery of damages for injuries arising out of certain uses of force or deadly force.
RULEMAKING AUTHORITY
This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Chapter 83, Civil Practice and Remedies Code, by adding Sections 83.002 and 83.003, as follows:
Sec. 83.002. EFFECT OF CRIMINAL PROCEEDINGS ON LIABILITY. Prohibits a claimant from recovering damages for personal injury or death that results from a defendant's act constituting the use of force or deadly force if a grand jury finds no bill of indictment for criminal charges based on the act, a court in a criminal proceeding orders a dismissal of criminal charges based on the act, or the defendant is acquitted of criminal charges based on the act.
Sec. 83.003. CLAIMANT'S LIABILITY FOR COURT COSTS AND ATTORNEY'S FEES. Provides that a claimant who is barred from recovery under Chapter 83 (Use of Force or Deadly Force) is liable to the defendant for court costs and reasonable attorney's fees incurred in defending against the barred claim.
SECTION 2. Makes application of this Act prospective.
SECTION 3. Effective date: upon passage or September 1, 2025.