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A BILL TO BE ENTITLED
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AN ACT
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relating to criminal offenses involving, and governmental |
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liability for retaliatory prosecutions associated with, the |
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filming, recording, photographing, documenting, or observing of a |
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peace officer. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 5, Civil Practice and Remedies Code, is |
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amended by adding Chapter 112 to read as follows: |
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CHAPTER 112. LIABILITY OF GOVERNMENTAL UNIT FOR CERTAIN |
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UNSUCCESSFUL PROSECUTIONS |
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Sec. 112.001. DEFINITION. In this chapter, "governmental |
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unit" has the meaning assigned by Section 101.001. |
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Sec. 112.002. LIABILITY FOR CERTAIN RETALIATORY |
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PROSECUTIONS. A person who is prosecuted for an offense under |
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Section 22.01(a)(1) or 38.15(a)(1), Penal Code, or Section |
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542.501(a)(1), Transportation Code, and is acquitted of the offense |
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may recover in a civil action against the governmental unit that |
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employed any peace officer who accused the person of the offense of |
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which the person was acquitted if the person shows by a |
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preponderance of the evidence that: |
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(1) the person was filming, recording, photographing, |
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documenting, or observing the peace officer; and |
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(2) the peace officer's accusation was made in |
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retaliation for the person's act of filming, recording, |
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photographing, documenting, or observing the peace officer. |
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Sec. 112.003. REMEDY. A person who prevails in a suit |
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against a governmental unit under Section 112.002 is entitled to |
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recover only the person's reasonable attorney's fees incurred in |
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connection with the retaliatory prosecution. |
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Sec. 112.004. SOVEREIGN IMMUNITY WAIVED. Sovereign |
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immunity to suit and liability is waived and abolished to the extent |
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of liability created by this chapter. |
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SECTION 2. Section 22.01, Penal Code, is amended by adding |
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Subsection (f-1) to read as follows: |
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(f-1) It is a defense to prosecution under Subsection (a)(1) |
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that the conduct engaged in by the defendant consisted only of |
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filming, recording, photographing, documenting, or observing a |
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peace officer. |
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SECTION 3. Section 38.15(c), Penal Code, is amended to read |
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as follows: |
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(c) It is a defense to prosecution under Subsection (a)(1) |
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that the conduct engaged in by the defendant: |
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(1) was intended to warn a person operating a motor |
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vehicle of the presence of a peace officer who was enforcing |
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Subtitle C, Title 7, Transportation Code; or |
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(2) consisted only of filming, recording, |
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photographing, documenting, or observing a peace officer. |
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SECTION 4. Section 542.501, Transportation Code, is amended |
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to read as follows: |
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Sec. 542.501. OBEDIENCE REQUIRED TO PEACE [POLICE] OFFICERS |
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AND TO SCHOOL CROSSING GUARDS. (a) A person may not wilfully fail |
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or refuse to comply with a lawful order or direction of: |
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(1) a peace [police] officer; or |
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(2) a school crossing guard who: |
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(A) is performing crossing guard duties in a |
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school crosswalk to stop and yield to a pedestrian; or |
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(B) has been trained under Section 600.004 and is |
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directing traffic in a school crossing zone. |
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(b) Subsection (a)(1) does not apply to an order or |
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direction to cease filming, recording, photographing, documenting, |
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or observing a peace officer while the officer is engaged in the |
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performance of official duties. |
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SECTION 5. Chapter 112, Civil Practice and Remedies Code, |
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as added by this Act, applies only with respect to a prosecution of |
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an offense committed on or after the effective date of this Act. |
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SECTION 6. (a) Except as provided by Subsection (b) of this |
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section, Sections 22.01 and 38.15, Penal Code, and Section 542.501, |
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Transportation Code, as amended by this Act, apply to the |
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prosecution of an offense under one of those sections commenced |
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before, on, or after the effective date of this Act. |
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(b) A final conviction for an offense under Section 22.01 or |
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38.15, Penal Code, or Section 542.501, Transportation Code, that |
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exists on the effective date of this Act is unaffected by this Act. |
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SECTION 7. This Act takes effect September 1, 2015. |