Bill Text: TX HB2335 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to civil liability of certain prosecutors for policies related to the prosecution of rioters.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Introduced - Dead) 2021-04-16 - Reported favorably as substituted [HB2335 Detail]
Download: Texas-2021-HB2335-Introduced.html
87R2562 JES-D | ||
By: Middleton | H.B. No. 2335 |
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relating to civil liability of certain prosecutors for policies | ||
related to the prosecution of rioters. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Title 5, Civil Practice and Remedies Code, is | ||
amended by adding Chapter 117 to read as follows: | ||
CHAPTER 117. LIABILITY RELATED TO PROSECUTION OF RIOTERS | ||
Sec. 117.0001. DEFINITIONS. In this chapter: | ||
(1) "Prosecutor" means a district attorney, criminal | ||
district attorney, or county attorney. | ||
(2) "Riot" has the meaning assigned by Section 42.02, | ||
Penal Code. | ||
Sec. 117.0002. LIABILITY FOR FAILURE TO PROSECUTE RIOTERS. | ||
(a) A prosecutor is liable in that individual's official capacity | ||
for significant physical injury, death, or property damage if: | ||
(1) the physical injury, death, or property damage: | ||
(A) was caused by criminal conduct that occurred | ||
during a riot and in the prosecutor's jurisdiction; and | ||
(B) was a foreseeable outcome of the riot; and | ||
(2) the prosecutor had established, at the time of the | ||
riot, a formal or informal policy of not prosecuting an individual | ||
who engages in criminal conduct as part of a riot. | ||
(b) A prosecutor's public statements regarding riots and | ||
evidence showing that a prosecutor routinely did not prosecute | ||
individuals who engaged in criminal conduct as part of a riot are | ||
admissible in a civil proceeding under Subsection (a) for the | ||
purpose of establishing that the prosecutor has established an | ||
informal policy described by Subsection (a)(2). | ||
Sec. 117.0003. WAIVER OF SOVEREIGN AND GOVERNMENTAL | ||
IMMUNITY. Sovereign immunity of this state and governmental | ||
immunity of a political subdivision to suit is waived and abolished | ||
to the extent of liability created by this chapter. | ||
SECTION 2. Chapter 117, Civil Practice and Remedies Code, | ||
as added by this Act, applies only to a cause of action that accrues | ||
on or after the effective date of this Act. A cause of action that | ||
accrued before the effective date of this Act is governed by the law | ||
applicable to the cause of action immediately before the effective | ||
date of this Act, and that law is continued in effect for that | ||
purpose. | ||
SECTION 3. This Act takes effect September 1, 2021. |