88R6611 JES-D
 
  By: Bumgarner H.B. No. 2955
 
 
 
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, 2023.