By:  Kamel                                             H.B. No. 148
       73R889 DRH-F
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the use of deadly force in defense of a person.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Section 9.32, Penal Code, is amended to read as
    1-5  follows:
    1-6        Sec. 9.32.  Deadly Force in Defense of Person.  A person is
    1-7  justified in using deadly force against another:
    1-8              (1)  if he would be justified in using force against
    1-9  the other under Section 9.31 of this code; and
   1-10              (2)  <if a reasonable person in the actor's situation
   1-11  would not have retreated; and>
   1-12              <(3)>  when and to the degree he reasonably believes
   1-13  the deadly force is immediately necessary:
   1-14                    (A)  to protect himself against the other's use
   1-15  or attempted use of unlawful deadly force; or
   1-16                    (B)  to prevent the other's imminent commission
   1-17  of aggravated kidnapping, murder, sexual assault, aggravated sexual
   1-18  assault, robbery, or aggravated robbery.
   1-19        SECTION 2.  Title 4, Civil Practice and Remedies Code, is
   1-20  amended by adding Chapter 82 to read as follows:
   1-21         CHAPTER 82.  USE OF DEADLY FORCE IN DEFENSE OF PERSON
   1-22        Sec. 82.001.  LIABILITY.  A person is not liable for the use
   1-23  of deadly force against a person that results in death or personal
   1-24  injury to that person if the actor is justified in using deadly
    2-1  force under Section 9.32, Penal Code.
    2-2        SECTION 3.  (a)  The change in law made by Section 1 of this
    2-3  Act applies only to an offense committed on or after the effective
    2-4  date of this Act.  For the purposes of this section, an offense is
    2-5  committed before the effective date of this Act if any element of
    2-6  the offense occurs before the effective date.
    2-7        (b)  An offense committed before the effective date of this
    2-8  Act is covered by the law in effect when the offense was committed,
    2-9  and the former law is continued in effect for this purpose.
   2-10        (c)  The change in law made by Section 2 of this Act applies
   2-11  only to a cause of action that accrues on or after the effective
   2-12  date of this Act.  An action that accrued before the effective date
   2-13  of this Act is governed by the law in effect at the time the action
   2-14  accrued, and that law is continued in effect for that purpose.
   2-15        SECTION 4.  This Act takes effect September 1, 1993.
   2-16        SECTION 5.  The importance of this legislation and the
   2-17  crowded condition of the calendars in both houses create an
   2-18  emergency and an imperative public necessity that the
   2-19  constitutional rule requiring bills to be read on three several
   2-20  days in each house be suspended, and this rule is hereby suspended.