Judges and magistrates on the hook for the wrong personal bond release.
Analysis prose withheld. The source quotes are shown with each finding.
Labels
Labels: ZOMBIE BILL. Died 2 times: 88R HB 2117 (Did not pass) and this bill (Died in committee). Checked against 88R only.BACK FROM THE DEAD. Same text as a bill filed before that died: 88R HB 2117 (Did not pass). Filed in 2 sessions, counting this one. Checked against 88R only.TRY NO. 2. Filed in 2 sessions: 88R and 89R. Checked against 88R only.PENDING FOREVER. Heard by the House Judiciary & Civil Jurisprudence committee on Apr 16, 2025 and left pending. Never voted out. The bill died.
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.