1-1 By: Kamel, et al. (Senate Sponsor - Armbrister) H.B. No. 148 1-2 (In the Senate - Received from the House April 26, 1993; 1-3 April 27, 1993, read first time and referred to Committee on 1-4 Criminal Justice; May 11, 1993, reported favorably by the following 1-5 vote: Yeas 5, Nays 0; May 11, 1993, sent to printer.) 1-6 COMMITTEE VOTE 1-7 Yea Nay PNV Absent 1-8 Whitmire x 1-9 Brown x 1-10 Nelson x 1-11 Sibley x 1-12 Sims x 1-13 Turner x 1-14 West x 1-15 A BILL TO BE ENTITLED 1-16 AN ACT 1-17 relating to the use of deadly force in defense of a person. 1-18 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-19 SECTION 1. Section 9.32, Penal Code, is amended to read as 1-20 follows: 1-21 Sec. 9.32. Deadly Force in Defense of Person. (a) A person 1-22 is justified in using deadly force against another: 1-23 (1) if he would be justified in using force against 1-24 the other under Section 9.31 of this code; 1-25 (2) if a reasonable person in the actor's situation 1-26 would not have retreated; and 1-27 (3) when and to the degree he reasonably believes the 1-28 deadly force is immediately necessary: 1-29 (A) to protect himself against the other's use 1-30 or attempted use of unlawful deadly force; or 1-31 (B) to prevent the other's imminent commission 1-32 of aggravated kidnapping, murder, sexual assault, aggravated sexual 1-33 assault, robbery, or aggravated robbery. 1-34 (b) The requirement imposed by Subsection (a)(2) of this 1-35 section does not apply to an actor who uses force against a person 1-36 who is at the time of the use of force committing an offense of 1-37 unlawful entry in the habitation of the actor. 1-38 SECTION 2. Title 4, Civil Practice and Remedies Code, is 1-39 amended by adding Chapter 82 to read as follows: 1-40 CHAPTER 82. USE OF DEADLY FORCE IN DEFENSE OF PERSON 1-41 Sec. 82.001. AFFIRMATIVE DEFENSE. It is an affirmative 1-42 defense to a civil action for damages for personal injury or death 1-43 that the defendant, at the time the cause of action arose, was 1-44 justified in using deadly force under Section 9.32, Penal Code. 1-45 SECTION 3. (a) The change in law made by Section 1 of this 1-46 Act applies only to an offense committed on or after the effective 1-47 date of this Act. For the purposes of this section, an offense is 1-48 committed before the effective date of this Act if any element of 1-49 the offense occurs before the effective date. 1-50 (b) An offense committed before the effective date of this 1-51 Act is covered by the law in effect when the offense was committed, 1-52 and the former law is continued in effect for this purpose. 1-53 (c) The change in law made by Section 2 of this Act applies 1-54 only to a cause of action that accrues on or after the effective 1-55 date of this Act. An action that accrued before the effective date 1-56 of this Act is governed by the law in effect at the time the action 1-57 accrued, and that law is continued in effect for that purpose. 1-58 SECTION 4. This Act takes effect September 1, 1993. 1-59 SECTION 5. The importance of this legislation and the 1-60 crowded condition of the calendars in both houses create an 1-61 emergency and an imperative public necessity that the 1-62 constitutional rule requiring bills to be read on three several 1-63 days in each house be suspended, and this rule is hereby suspended. 1-64 * * * * * 1-65 Austin, 1-66 Texas 1-67 May 11, 1993 1-68 Hon. Bob Bullock 2-1 President of the Senate 2-2 Sir: 2-3 We, your Committee on Criminal Justice to which was referred H.B. 2-4 No. 148, have had the same under consideration, and I am instructed 2-5 to report it back to the Senate with the recommendation that it do 2-6 pass and be printed. 2-7 Whitmire, 2-8 Chairman 2-9 * * * * * 2-10 WITNESSES 2-11 No witnesses appeared on H.B. No. 148.