CIVIL PRACTICE & REMEDIES CODE

CHAPTER 86. LIABILITY FOR CERTAIN INJURIES TO CONVICTED PERSONS


	§ 86.001.  DEFINITION.  In this chapter, 'claimant' means 
a party, including a plaintiff, counterclaimant, cross-claimant, 
or third-party claimant, seeking recovery of damages.

Added by Acts 1995, 74th Leg., ch. 604, § 1, eff. Aug. 28, 1995.  
Renumbered from V.T.C.A., Civil Practice and Remedies Code § 
87.001 by Acts 1997, 75th Leg., ch. 165, § 31.01(8), eff. Sept. 
1, 1997.


	§ 86.002.  RECOVERY OF DAMAGES FOR INJURY TO CONVICTED 
PERSON PROHIBITED.  (a)  A claimant who has been convicted of a 
felony or misdemeanor may not recover damages for an injury 
sustained during the commission of the felony or misdemeanor if the 
injury would not have been sustained but for the commission of the 
felony or misdemeanor.
	(b)  Subsection (a) does not bar the claimant from recovering 
damages if the claimant shows that:
		(1)  the damages arose from an act entirely separate 
from any act intended to result in the:
			(A)  prevention of the commission of a felony or 
misdemeanor by the claimant;  or
			(B)  apprehension of the claimant during or 
immediately after the commission of the felony or misdemeanor;  and
		(2)  the damages did not arise from a premises defect or 
other circumstance that the claimant was exposed to as a result of 
the commission of the felony or misdemeanor.

Added by Acts 1995, 74th Leg., ch. 604, § 1, eff. Aug. 28, 1995.  
Renumbered from V.T.C.A., Civil Practice and Remedies Code § 
87.002 by Acts 1997, 75th Leg., ch. 165, § 31.01(8), eff. Sept. 
1, 1997.


	§ 86.003.  DERIVATIVE CLAIMS.  Section 86.002 applies to 
a claim for damages made by a claimant other than a convicted person 
if:
		(1)  the claimant's right to recovery results from an 
injury to a convicted person, including a claim for the wrongful 
death of the convicted person or a claim for loss of consortium with 
or loss of the companionship of the convicted person;  and
		(2)  the convicted person's right to recovery would be 
barred under Section 86.002.

Added by Acts 1995, 74th Leg., ch. 604, § 1, eff. Aug. 28, 1995.  
Renumbered from V.T.C.A., Civil Practice and Remedies Code § 
87.003 by Acts 1997, 75th Leg., ch. 165, § 31.01(8), eff. Sept. 
1, 1997.


	§ 86.004.  CLAIMANT LIABLE FOR COURT COSTS AND FEES AND 
ATTORNEY'S FEES.  A claimant who is barred from recovery under this 
chapter is liable to the person against whom the claim is brought 
for court costs and fees and reasonable attorney's fees incurred in 
defending against the claim.

Added by Acts 1995, 74th Leg., ch. 604, § 1, eff. Aug. 28, 1995.  
Renumbered from V.T.C.A., Civil Practice and Remedies Code § 
87.004 by Acts 1997, 75th Leg., ch. 165, § 31.01(8), eff. Sept. 
1, 1997.


	§ 86.005.  CERTAIN TRAFFIC LAW VIOLATIONS 
EXCLUDED.  This chapter does not apply to a claim arising from an 
offense defined by Subtitle C, Title 7, Transportation Code.

Added by Acts 1995, 74th Leg., ch. 604, § 1, eff. Aug. 28, 1995.  
Renumbered from V.T.C.A., Civil Practice and Remedies Code § 
87.005 and amended by Acts 1997, 75th Leg., ch. 165, § 30.180, 
31.01(8), eff. Sept. 1, 1997.


	§ 86.006.  CONVICTED PERSON.  For purposes of this 
chapter, a person is considered convicted in a case if:
		(1)  sentence is imposed;  or                                                 
		(2)  the person receives a fine, probation, or deferred 
adjudication.       

Added by Acts 1995, 74th Leg., ch. 604, § 1, eff. Aug. 28, 1995.  
Renumbered from V.T.C.A., Civil Practice and Remedies Code § 
87.006 by Acts 1997, 75th Leg., ch. 165, § 31.01(8), eff. Sept. 
1, 1997.


	§ 86.007.  APPLICABILITY.  This chapter does not apply 
to:                
		(1)  a claim for an injury sustained during the 
commission of an offense under Section 30.05, Penal Code, other 
than a trespass in a habitation or shelter, brought by a person who 
has not been convicted of another crime that occurred in 
conjunction with the trespass;  or
		(2)  a claim in which the conduct of the owner of the 
premises is grossly negligent or intentional, other than conduct 
justified under Subchapter C, Chapter 9, Penal Code.

Added by Acts 1995, 74th Leg., ch. 604, § 1, eff. Aug. 28, 1995.  
Renumbered from V.T.C.A., Civil Practice and Remedies Code § 
87.007 by Acts 1997, 75th Leg., ch. 165, § 31.01(8), eff. Sept. 
1, 1997.