By Wentworth S.B. No. 679 74R219 DLF-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to civil liability of certain complaining witnesses for 1-3 the cost of criminal prosecution. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Title 4, Civil Practice and Remedies Code, is 1-6 amended by adding Chapter 95 to read as follows: 1-7 CHAPTER 95. LIABILITY OF COMPLAINING WITNESS FOR COST OF 1-8 CRIMINAL PROSECUTION 1-9 Sec. 95.001. DEFINITION. In this chapter, "claimant" means 1-10 a party, including a plaintiff, counterclaimant, cross-claimant, or 1-11 third-party claimant, seeking recovery of damages in a civil 1-12 action. 1-13 Sec. 95.002. SCOPE OF CHAPTER. This chapter applies only to 1-14 a claimant who seeks recovery of damages arising from conduct by 1-15 the defendant that violates a penal law of this state. 1-16 Sec. 95.003. CLAIMANT LIABLE. A claimant is liable to this 1-17 state or a political subdivision of this state for the costs 1-18 incurred by the state or the political subdivision in bringing a 1-19 criminal proceeding if: 1-20 (1) the criminal proceeding is brought against the 1-21 defendant in the claimant's civil action for conduct that is the 1-22 basis of the claimant's civil action; 1-23 (2) the claimant is a complaining witness in the 1-24 criminal proceeding; 2-1 (3) the claimant settles the civil action and, after 2-2 settling, refuses to testify or otherwise participate in the 2-3 criminal proceeding; and 2-4 (4) as a result of the claimant's refusal to testify 2-5 or otherwise participate in the criminal proceeding, the criminal 2-6 investigation is discontinued or the prosecution is dismissed or 2-7 results in acquittal. 2-8 Sec. 95.004. COSTS OF STATE OR POLITICAL SUBDIVISION. The 2-9 costs that may be recovered under this chapter include all costs 2-10 incurred by the state or political subdivision during the criminal 2-11 proceeding, including the costs of: 2-12 (1) investigation; 2-13 (2) prosecuting attorneys and support staff; and 2-14 (3) defense attorneys paid by the state or political 2-15 subdivision, if any. 2-16 Sec. 95.005. LIMIT ON RECOVERY. (a) The state or political 2-17 subdivision may recover damages under this chapter only to the 2-18 extent the amount received by the claimant under the settlement 2-19 exceeds the amount received by the claimant under that settlement 2-20 that is attributable to monetary loss. 2-21 (b) The court shall determine the amount received by the 2-22 claimant under the settlement that is attributable to monetary 2-23 loss. The court is not bound by an agreement between the claimant 2-24 and the defendant as to the amount of monetary loss. 2-25 (c) In this section, "monetary loss" includes expenses for 2-26 medical and mental health treatment and loss of services and wages, 2-27 but does not include pain and suffering or exemplary damages. 3-1 Sec. 95.006. APPROVED SETTLEMENT. The state or political 3-2 subdivision may not recover damages under this chapter if the 3-3 settlement is the result of an agreement negotiated with the 3-4 assistance or acquiescence of the prosecuting attorney. 3-5 SECTION 2. This Act takes effect September 1, 1995, and 3-6 applies only to a civil action filed on or after that date. An 3-7 action filed before the effective date of this Act is governed by 3-8 the law in effect at the time the action accrued, and that law is 3-9 continued in effect for that purpose. 3-10 SECTION 3. The importance of this legislation and the 3-11 crowded condition of the calendars in both houses create an 3-12 emergency and an imperative public necessity that the 3-13 constitutional rule requiring bills to be read on three several 3-14 days in each house be suspended, and this rule is hereby suspended.