By: Wentworth S.B. No. 1195
A BILL TO BE ENTITLED
AN ACT
1-1 relating to indemnification by the state for attorney's fees
1-2 incurred by a person in defense of certain criminal prosecutions.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subsection (a), Section 104.0035, Civil Practice
1-5 and Remedies Code, is amended to read as follows:
1-6 (a) The state shall indemnify a person for reasonable
1-7 attorney's fees incurred in defense of a criminal prosecution
1-8 against the person if:
1-9 (1) the person is covered by Section 104.001;
1-10 (2) the attorney general determines that the conduct
1-11 for which the person is criminally prosecuted could give rise to a
1-12 civil cause of action covered by Section 104.002;
1-13 (3) the person is found not guilty after a trial or
1-14 appeal, <or> the complaint, information, or indictment is dismissed
1-15 without a plea of guilty or nolo contendere being entered, or the
1-16 person is not true billed by the grand jury; and
1-17 (4) the attorney general determines that the
1-18 complaint, information, or indictment presented against the person
1-19 was dismissed because:
1-20 (A) the presentment was made on mistake, false
1-21 information, or other similar basis, indicating absence of probable
1-22 cause to believe, at the time of the dismissal, the person
1-23 committed the offense; or
1-24 (B) the complaint, information, or indictment
2-1 was void.
2-2 SECTION 2. (a) This Act takes effect September 1, 1995.
2-3 (b) This Act applies only to an offense that occurs on or
2-4 after the effective date of this Act. An offense occurs on or
2-5 after the effective date of this Act if any element of the offense
2-6 occurs on or after that date.
2-7 (c) An offense that occurs before the effective date of this
2-8 Act is governed by the law in effect at the time the offense
2-9 occurred, and that law is continued in effect for that purpose.
2-10 SECTION 3. The importance of this legislation and the
2-11 crowded condition of the calendars in both houses create an
2-12 emergency and an imperative public necessity that the
2-13 constitutional rule requiring bills to be read on three several
2-14 days in each house be suspended, and this rule is hereby suspended.