BILL ANALYSIS H.B. 692 By: Culberson 4-20-95 Committee Report (Unamended) BACKGROUND Currently, Title 4 of the Civil Practice and Remedies Code does not address the ability of convicted criminals to recover damages for their injuries arising for the commission of their offense. PURPOSE To prohibit convicted criminals from recovering damages for injuries arising from the commission of an offense. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Title 4, Civil Practice and Remedies Code, by adding Chapter 87, LIABILITY FOR CERTAIN INJURIES TO CONVICTED PERSONS. Sec. 87.001. DEFINITION. "Claimant" means one seeking recovery of damages. Sec. 87.002. RECOVERY OF DAMAGES FOR INJURY TO CONVICTED PERSON PROHIBITED. Provides that: (a) a claimant who has been convicted of a felony or misdemeanor may not recover damages for an injury sustained during the commission of the felony or misdemeanor if the injury would not have been sustained but for the commission of the felony or misdemeanor; (b) Subsection (a) does not bar the claimant from recovering damages if the claimant shows that: (1) damages arose from a separate act intended to result in the: (A) prevention of the commission of a felony or misdemeanor by the claimant; or (B) apprehension of the claimant during or immediately after the commission of the felony; and (2) damages did not arise from a premises defect that the claimant was exposed to as a result of the commission of the felony. Sec. 87.003. DERIVATIVE CLAIMS. Sect. 87.002 applies to a claim for damages made by a claimant other than a convicted person if: (1) the claimant's right to recovery results from a convicted person's injury or wrongful death or loss of consortium with or loss of companionship; and (2) the convicted person's right to recovery would be barred under Sect. 87.002. Sec. 87.004. CLAIMANT LIABLE FOR COURT COSTS AND FEES AND ATTORNEY'S FEES. A claimant barred from recovery by this chapter is liable to pay the defendant's court costs, fees and reasonable attorney's fees against the claim. Sec. 87.005. TRAFFIC LAW VIOLATIONS EXCLUDED. Exempts a claim arising from an offense defined in the Uniform Act Regulating Traffic on Highways. Sec. 87.006. CONVICTED PERSON. A person is considered convicted in a case if: (1) sentence is imposed; or (2) the person receives a fine, probation, or deferred adjudication. SECTION 2. Applies only to conduct that occurs on or after the effective date. SECTION 3. Emergency clause - Effective immediately. SUMMARY OF COMMITTEE ACTION H.B. 692 was considered in public hearing by the House Civil Practices Committee on March 22, 1995. No one testified in support of, in opposition to or neutrally on the bill. The bill was left pending. The Civil Practices Committee considered H.B. 692 in public hearing on April 12, 1995. The committee recommended that the bill be reported to the House with the recommendation that it pass and be printed by a record vote of six ayes, zero nays, zero pnv and three absent.