1-1 By: Wentworth S.B. No. 1195
1-2 (In the Senate - Filed March 10, 1995; March 16, 1995, read
1-3 first time and referred to Committee on Jurisprudence;
1-4 April 4, 1995, reported favorably, as amended, by the following
1-5 vote: Yeas 6, Nays 0; April 4, 1995, sent to printer.)
1-6 COMMITTEE AMENDMENT NO. 1 By: Wentworth
1-7 Amend S.B. No. 1195 as follows:
1-8 Strike "no" and substitute "not true" in Subdivision (3),
1-9 Subsection (a) of SECTION 1 of the bill (introduced version page 1,
1-10 line 17; committee printing page 1, line 28).
1-11 A BILL TO BE ENTITLED
1-12 AN ACT
1-13 relating to indemnification by the state for attorney's fees
1-14 incurred by a person in defense of certain criminal prosecutions.
1-15 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-16 SECTION 1. Subsection (a), Section 104.0035, Civil Practice
1-17 and Remedies Code, is amended to read as follows:
1-18 (a) The state shall indemnify a person for reasonable
1-19 attorney's fees incurred in defense of a criminal prosecution
1-20 against the person if:
1-21 (1) the person is covered by Section 104.001;
1-22 (2) the attorney general determines that the conduct
1-23 for which the person is criminally prosecuted could give rise to a
1-24 civil cause of action covered by Section 104.002;
1-25 (3) the person is found not guilty after a trial or
1-26 appeal, <or> the complaint, information, or indictment is dismissed
1-27 without a plea of guilty or nolo contendere being entered, or the
1-28 person is no billed by the grand jury; and
1-29 (4) the attorney general determines that the
1-30 complaint, information, or indictment presented against the person
1-31 was dismissed because:
1-32 (A) the presentment was made on mistake, false
1-33 information, or other similar basis, indicating absence of probable
1-34 cause to believe, at the time of the dismissal, the person
1-35 committed the offense; or
1-36 (B) the complaint, information, or indictment
1-37 was void.
1-38 SECTION 2. (a) This Act takes effect September 1, 1995.
1-39 (b) This Act applies only to an offense that occurs on or
1-40 after the effective date of this Act. An offense occurs on or
1-41 after the effective date of this Act if any element of the offense
1-42 occurs on or after that date.
1-43 (c) An offense that occurs before the effective date of this
1-44 Act is governed by the law in effect at the time the offense
1-45 occurred, and that law is continued in effect for that purpose.
1-46 SECTION 3. The importance of this legislation and the
1-47 crowded condition of the calendars in both houses create an
1-48 emergency and an imperative public necessity that the
1-49 constitutional rule requiring bills to be read on three several
1-50 days in each house be suspended, and this rule is hereby suspended.
1-51 * * * * *