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.