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.