Bill Text: TX SB1971 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to liability of judges and magistrates for the improper release on personal bond of defendants accused of committing certain felony offenses.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2023-03-21 - Referred to Criminal Justice [SB1971 Detail]
Download: Texas-2023-SB1971-Introduced.html
| 88R6611 JES-D | ||
| By: Bettencourt | S.B. No. 1971 | |
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| relating to liability of judges and magistrates for the improper | ||
| release on personal bond of defendants accused of committing | ||
| certain felony offenses. | ||
| 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 108A to read as follows: | ||
| CHAPTER 108A. PUBLIC SERVANT LIABILITY | ||
| Sec. 108A.001. LIABILITY OF JUDGE OR MAGISTRATE FOR | ||
| IMPROPER RELEASE. (a) A victim of an offense that was committed by | ||
| a person while the person was released on personal bond, or the | ||
| victim's estate if the victim is deceased, may bring a cause of | ||
| action against the judge or magistrate who released the person on | ||
| personal bond for damages incurred as a result of the offense if: | ||
| (1) the offense for which the person was released on | ||
| personal bond is an offense involving violence, as defined by | ||
| Article 17.03, Code of Criminal Procedure; and | ||
| (2) the judge or magistrate released the defendant on | ||
| personal bond in violation of Article 17.03(b-2), Code of Criminal | ||
| Procedure. | ||
| (b) The amount of damages awarded in an action brought under | ||
| this section may not exceed $10 million. | ||
| (c) A judge or magistrate may not assert judicial immunity | ||
| or other forms of immunity as a defense to an action brought under | ||
| this section. | ||
| (d) Section 108.002 does not apply to an action brought | ||
| under this section. | ||
| SECTION 2. Section 108A.001, Civil Practice and Remedies | ||
| Code, as added by this Act, applies only with respect to the release | ||
| of a person on personal bond on or after the effective date of this | ||
| Act. | ||
| SECTION 3. This Act takes effect September 1, 2023. | ||
