The bill, S.B. No. 2047, introduces Chapter 108A to the Civil Practice and Remedies Code, establishing the liability of judges and magistrates for the improper release of defendants on personal bond in cases involving certain felony offenses. Specifically, it allows victims of such offenses, or their estates if deceased, to sue the judge or magistrate responsible for the release if the offense involved violence and the release violated specific provisions of the Code of Criminal Procedure. The bill sets a cap on damages at $10 million and explicitly states that judges and magistrates cannot claim judicial immunity as a defense in these 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. This legislative change aims to hold judicial officers accountable for their decisions regarding personal bonds in violent crime cases, thereby enhancing the protection of victims and their rights.

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