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A BILL TO BE ENTITLED
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AN ACT
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relating to civil liability of certain prosecutors for policies |
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related to the prosecution of rioters. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 5, Civil Practice and Remedies Code, is |
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amended by adding Chapter 117 to read as follows: |
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CHAPTER 117. LIABILITY RELATED TO PROSECUTION OF RIOTERS |
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Sec. 117.0001. DEFINITIONS. In this chapter: |
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(1) "Prosecutor" means a district attorney, criminal |
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district attorney, or county attorney. |
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(2) "Riot" has the meaning assigned by Section 42.02, |
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Penal Code. |
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Sec. 117.0002. LIABILITY FOR FAILURE TO PROSECUTE RIOTERS. |
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(a) A prosecutor is liable in that individual's official capacity |
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for significant physical injury, death, or property damage if: |
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(1) the physical injury, death, or property damage: |
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(A) was caused by criminal conduct that occurred |
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during a riot and in the prosecutor's jurisdiction; and |
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(B) was a foreseeable outcome of the riot; and |
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(2) the prosecutor had established, at the time of the |
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riot, a formal or informal policy of not prosecuting an individual |
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who engages in criminal conduct as part of a riot. |
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(b) A prosecutor's public statements regarding riots and |
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evidence showing that a prosecutor routinely did not prosecute |
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individuals who engaged in criminal conduct as part of a riot are |
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admissible in a civil proceeding under Subsection (a) for the |
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purpose of establishing that the prosecutor has established an |
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informal policy described by Subsection (a)(2). |
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Sec. 117.0003. WAIVER OF SOVEREIGN AND GOVERNMENTAL |
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IMMUNITY. Sovereign immunity of this state and governmental |
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immunity of a political subdivision to suit is waived and abolished |
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to the extent of liability created by this chapter. |
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SECTION 2. Chapter 117, Civil Practice and Remedies Code, |
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as added by this Act, applies only to a cause of action that accrues |
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on or after the effective date of this Act. A cause of action that |
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accrued before the effective date of this Act is governed by the law |
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applicable to the cause of action immediately before the effective |
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date of this Act, and that law is continued in effect for that |
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purpose. |
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SECTION 3. This Act takes effect September 1, 2021. |