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HB 2287

AN ACT relating to liability of judges and magistrates for the improper

House Bill Oliverson
Filed

Filed

Bill introduced by legislator

Committee

Hearing

Passed Cmte

Calendar

Passed

Sent

Enrolled

Governor

Signed

89th Regular Session

Jan 14, 2025 - Jun 2, 2025 • Session ended

Awaiting Committee Assignment

Bill filed, pending referral to House committee

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Fiscal Note

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What This Bill Does

Allows victims of violent crimes (or their estates) to sue judges or magistrates who improperly release defendants on personal bonds, if the released individual subsequently commits another violent offense. Victims can seek damages up to $10 million and judges cannot claim judicial immunity as a defense, effectively holding judicial officials directly accountable for potentially dangerous release decisions. The law applies to personal bond releases on or after September 1, 2025, and specifically targets situations where a judge releases a defendant in violation of existing criminal procedure guidelines.

Subject Areas

Bill Text

relating to liability of judges and magistrates for the improper
release on personal bond of defendants accused of committing
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
(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
(d)  Section 108.002 does not apply to an action brought
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
SECTION 3.  This Act takes effect September 1, 2025.

Bill Sponsors

Legislators who authored or co-sponsored this bill.

Bill History

filed

Bill filed: AN ACT relating to liability of judges and magistrates for the improper