By: Whitmire S.B. No. 759 A BILL TO BE ENTITLED AN ACT 1-1 relating to immunity for crime victims in lawsuits arising from 1-2 information filed with courts or the parole board. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. Section 5(a), Article 56.02, Code of Criminal 1-5 Procedure, is amended by adding Subsection (e) to read as follows: 1-6 (e) A person who exercises rights under this Act by giving 1-7 information to a government agency shall absolute immunity from 1-8 liability for any communication tort committed. Agencies which 1-9 make decisions based on upon such information should consider this 1-10 immunity when assigning weight to such information contained in 1-11 unsworn declarations. The information given to crime victims under 1-12 Subsection (a)(7) should include the information that unsworn 1-13 declarations will be given less weight than sworn declarations, 1-14 that sworn declarations are made under penalty of perjury, and how 1-15 sworn declarations may be made. 1-16 Section 5(b). The legislative intent of Subsection 5(a) of 1-17 this Act is to prevent criminals and accused criminals from suing 1-18 crime victims, their guardians, and their relatives for exercising 1-19 their rights under the Crime Victims' Rights Act. This Act in no 1-20 way reflects upon whether a common law immunity for such 1-21 communications exists, although the legislature sincerely hopes 1-22 that such an immunity exists. If such an immunity does exist, this 1-23 statutory immunity is cumulative in effect. 2-1 SECTION 2. This Act takes effect September 1, 1993. 2-2 SECTION 3. The importance of this legislation and the 2-3 crowded condition of the calendars in both houses create an 2-4 emergency and an imperative public necessity that the 2-5 constitutional rule requiring bills to be read on three several 2-6 days in each house be suspended, and this rule is hereby suspended, 2-7 and that this Act take effect and be in force from and after its 2-8 passage, and it is so enacted.