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.