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.