89R1974 MZM-D
By: Bettencourt S.B. No. 2047
A BILL TO BE ENTITLED
AN ACT
relating to liability of judges and magistrates for the improper
release on personal bond of defendants accused of committing
certain felony offenses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 5, Civil Practice and Remedies Code, is
amended by adding Chapter 108A to read as follows:
CHAPTER 108A. PUBLIC SERVANT LIABILITY
Sec. 108A.001. LIABILITY OF JUDGE OR MAGISTRATE FOR
IMPROPER RELEASE. (a) A victim of an offense that was committed by
a person while the person was released on personal bond, or the
victim's estate if the victim is deceased, may bring a cause of
action against the judge or magistrate who released the person on
personal bond for damages incurred as a result of the offense if:
(1) the offense for which the person was released on
personal bond is an offense involving violence, as defined by
Article 17.03, Code of Criminal Procedure; and
(2) the judge or magistrate released the defendant on
personal bond in violation of Article 17.03(b-2), Code of Criminal
Procedure.
(b) The amount of damages awarded in an action brought under
this section may not exceed $10 million.
(c) A judge or magistrate may not assert judicial immunity
or other forms of immunity as a defense to an action brought under
this section.
(d) Section 108.002 does not apply to an action brought
under this section.
SECTION 2. Section 108A.001, Civil Practice and Remedies
Code, as added by this Act, applies only with respect to the release
of a person on personal bond on or after the effective date of this
Act.
SECTION 3. This Act takes effect September 1, 2025.