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                               * * * * *