House Bill No. 2287 introduces a new chapter, Chapter 108A, to the Civil Practice and Remedies Code, which establishes the liability of judges and magistrates for the improper release of defendants on personal bond for certain felony offenses. Specifically, the bill allows victims of offenses committed by individuals released on personal bond, or the victims' estates if deceased, to sue the judge or magistrate responsible for the release. This is applicable if the offense involved violence and the release violated specific provisions of the Code of Criminal Procedure. The bill caps damages at $10 million and prohibits judges from claiming judicial immunity as a defense in such cases.
Additionally, the bill clarifies that the new provisions apply only to releases on personal bond occurring on or after the effective date of the Act, which is set for September 1, 2025. It also specifies that existing immunity protections outlined in Section 108.002 do not apply to actions brought under this new section.
Statutes affected: Introduced: ()