The bill amends the Civil Practice and Remedies Code to provide civil immunity for defendants who use or threaten to use force or deadly force that is justified under Chapter 9 of the Penal Code. Specifically, it establishes that such defendants are immune from civil liability for personal injury or death resulting from their actions. Additionally, it creates a presumption of justification and immunity from liability if a grand jury declines to indict the defendant or if a related criminal charge results in acquittal or dismissal.
Furthermore, the bill introduces a new section that entitles defendants found to be immune from liability to recover reasonable attorney's fees, court costs, lost income, and other expenses incurred in connection with the legal action. The changes in law will apply only to causes of action that accrue on or after the effective date of the Act, which is set for September 1, 2025.
Statutes affected: Introduced: Civil Practice and Remedies Code 83.001, Penal Code 9.06 (Penal Code 9, Civil Practice and Remedies Code 83)
House Committee Report: Civil Practice and Remedies Code 83.001 (Penal Code 9, Civil Practice and Remedies Code 83)