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A BILL TO BE ENTITLED
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AN ACT
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relating to liability of judges and magistrates for the improper |
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release on personal bond of defendants accused of committing |
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certain felony offenses. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 5, Civil Practice and Remedies Code, is |
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amended by adding Chapter 108A to read as follows: |
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CHAPTER 108A. PUBLIC SERVANT LIABILITY |
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Sec. 108A.001. LIABILITY OF JUDGE OR MAGISTRATE FOR |
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IMPROPER RELEASE. (a) A victim of an offense that was committed by |
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a person while the person was released on personal bond, or the |
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victim's estate if the victim is deceased, may bring a cause of |
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action against the judge or magistrate who released the person on |
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personal bond for damages incurred as a result of the offense if: |
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(1) the offense for which the person was released on |
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personal bond is an offense involving violence, as defined by |
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Article 17.03, Code of Criminal Procedure; and |
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(2) the judge or magistrate released the defendant on |
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personal bond in violation of Article 17.03(b-2), Code of Criminal |
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Procedure. |
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(b) The amount of damages awarded in an action brought under |
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this section may not exceed $10 million. |
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(c) A judge or magistrate may not assert judicial immunity |
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or other forms of immunity as a defense to an action brought under |
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this section. |
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(d) Section 108.002 does not apply to an action brought |
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under this section. |
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SECTION 2. Section 108A.001, Civil Practice and Remedies |
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Code, as added by this Act, applies only with respect to the release |
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of a person on personal bond on or after the effective date of this |
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Act. |
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SECTION 3. This Act takes effect September 1, 2023. |