Relating to liability of judges and magistrates for the improper release on personal bond of defendants accused of committing certain felony offenses.

89(R) HB 2287 - Introduced version - Bill Text

By: Oliverson

H.B. No. 2287

A BILL TO BE ENTITLED

AN ACT

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, 2025.