Substitute Senate Bill 5263 as Recommended by Law & Justice

Source

Section 1

This section modifies existing section 4.24.420. Here is the modified chapter for context.

  1. Except in an action arising out of law enforcement activities resulting in personal injury or death, it is a complete defense to any action for damages for personal injury or wrongful death that the person injured or killed was engaged in the commission of a felony at the time of the occurrence causing the injury or death and the felony was a proximate cause of the injury or death.

  2. In an action arising out of law enforcement activities resulting in personal injury or death, it is a complete defense to the action that the finder of fact has determined beyond a reasonable doubt that the person injured or killed was engaged in the commission of a class A or class B felony, the commission of which was a proximate cause of the injury or death.

  3. Nothing in this section shall affect a right of action under 42 U.S.C. Sec. 1983.

Section 2

This act is remedial and applies retroactively to all claims or causes of action commenced prior to or after the effective date of this section regardless of when the claim or cause of action arose.


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