By Wentworth                                          S.B. No. 1195
       74R7777 DAK-F
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to indemnification by the state for attorney's fees
    1-3  incurred by a person in defense of certain criminal prosecutions.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 104.0035(a), Civil Practice and Remedies
    1-6  Code, is amended to read as follows:
    1-7        (a)  The state shall indemnify a person for reasonable
    1-8  attorney's fees incurred in defense of a criminal prosecution
    1-9  against the person if:
   1-10              (1)  the person is covered by Section 104.001;
   1-11              (2) the attorney general determines that the conduct
   1-12  for which the person is criminally prosecuted could give rise to a
   1-13  civil cause of action covered by Section 104.002;
   1-14              (3)  the person is found not guilty after a trial or
   1-15  appeal, <or> the complaint, information, or indictment is dismissed
   1-16  without a plea of guilty or nolo contendere being entered, or the
   1-17  person is no billed by the grand jury; and
   1-18              (4)  the attorney general determines that the
   1-19  complaint, information, or indictment presented against the person
   1-20  was dismissed because:
   1-21                    (A)  the presentment was made on mistake, false
   1-22  information, or other similar basis, indicating absence of probable
   1-23  cause to believe, at the time of the dismissal, the person
   1-24  committed the offense; or
    2-1                    (B)  the complaint, information, or indictment
    2-2  was void.
    2-3        SECTION 2.  (a)  This Act takes effect September 1, 1995.
    2-4        (b)  This Act applies only to an offense that occurs on or
    2-5  after the effective date of this Act.  An offense occurs on or
    2-6  after the effective date of this Act if any element of the offense
    2-7  occurs on or after that date.
    2-8        (c)  An offense that occurs before the effective date of this
    2-9  Act is governed by the law in effect at the time the offense
   2-10  occurred, and that law is continued in effect for that purpose.
   2-11        SECTION 3.  The importance of this legislation and the
   2-12  crowded condition of the calendars in both houses create an
   2-13  emergency and an imperative public necessity that the
   2-14  constitutional rule requiring bills to be read on three several
   2-15  days in each house be suspended, and this rule is hereby suspended.