How to get rid of a ‘lemon’ law

Texas’ “lemon” law, which has become a national rallying cry for the so-called “war on women,” is about to get even more extreme.


Greg Abbott announced Monday that his administration will seek a change to a Texas statute that allows law enforcement officers to issue subpoenas to sexual assault victims, including rape survivors, who can then make any witnesses and documents available to prosecutors in exchange for $50,000 in fines and up to three years in prison.

Under the law, a victim may only bring a civil lawsuit against an officer in her own name and ask the court to order the officer to pay a $50 filing fee and a civil penalty of $25,000 if he or she is found to have violated the law.

But in addition to a request for a court order, victims who file a civil suit also must prove that the officer used force or threatened physical harm on them.

The bill passed the Texas Legislature in the fall but was stalled until the governor signed the bill into law last month.

The move is being applauded by civil rights advocates who say the law is an affront to the right to a fair trial.

Critics say it unfairly targets rape victims.

Texas has more than 7,000 sworn officers and the law will affect tens of thousands of police officers, including those who work for private companies.

The ACLU of Texas filed a lawsuit challenging the law in U.S. District Court in Austin.

Under its current version, the bill allows officers to ask a victim to come forward and testify about her experience in a civil case.

That means the police officer can ask a rape survivor to make a statement to police, for example.

If she refuses, the officer can file a charge against her.

But it would also give an officer the power to issue a subpoena to the woman, which could require her to disclose her personal information.

In addition, a subpoena could compel the woman to produce her clothing and other personal items.

If the subpoena is successful, the police can also force the woman’s family to testify in court.

The ACLU said in a statement that the bill would have an “unconstitutional chilling effect on women’s ability to report their own rape.”

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A hearing on the bill is scheduled for Feb. 23.


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