HB1914 Summary

• Applies only to counties with more than 3,000,000 inhabitants and holds elected prosecutors and judges personally liable if they establish a policy of refusing to enforce existing state laws without a written good faith belief that the law is unenforceable.

• Prosecutors and judges cannot claim discretion protections if their non-enforcement decisions are not individualized based on case merits but are instead systematic refusals to enforce laws.

• Counties are not required to indemnify liable officials unless they approved the non-enforcement policy or refused to provide adequate budget resources (at least 250 full-time equivalent hours or reasonable funding level).

• Prevailing plaintiffs in lawsuits under this section are entitled to recover reasonable attorney's fees, expert witness fees, and litigation costs; courts may award fees to defendants if claims are found frivolous.

• Civil actions must be filed within one year if damages are under $50,000 or within two years if damages equal or exceed $50,000; actions become moot if the responsible official resigns from office.