BILL ANALYSIS H.B. 94 By: Kamel 3-13-95 Committee Report (Unamended) BACKGROUND Current Texas law permits a person to use deadly force in his own defense if a reasonable person in the same situation would not have retreated. This has placed a burden of proof upon those who have been forced to use deadly force within their own home to protect themselves or family members from an intruder who clearly meant them harm. PURPOSE If enacted, H.B. 94 would allow a person to use deadly force against another if the person believes that the force is justified for purposes of self-defense. The deadly force must be immediately necessary to protect the person against the other's use of unlawful deadly force or to prevent the other's commission of aggravated kidnapping, murder, sexual assault, aggravated sexual assault, robbery, or aggravated robbery. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 9.32, Penal Code, by adding subsection (b) as follows: states that the requirement of showing proof of attempt to retreat does not apply to force used against a person committing an offense of unlawful entry into a residence. SECTION 2. Amends Title 4, Civil Practice and Remedies Code, by adding Chapter 83, as follows: CHAPTER 83. USE OF DEADLY FORCE IN DEFENSE OF PERSON. Sec. 83.001. AFFIRMATIVE DEFENSE. Provides an affirmative defense to a civil action for damages for personal injury or death if, at the time of the offense, the defendant was justified in using deadly force under Section 9.32 of the Penal Code. SECTION 3. (a) Change in law made by Section 1 applies only to an offense committed on or after the effective date. (b) Offense committed before effective date of this Act is covered by law in effect at the time offense was committed. (c) Change in law made by Section 2 applies only to a cause of action that accrues on or after the effective date. SECTION 4. Effective date: September 1, 1995. SECTION 5. Emergency clause. SUMMARY OF COMMITTEE ACTION H.B. 94 was considered in a public hearing on March 6, 1995. The following person testified in favor of the bill: M. D. Boyer, representing himself. H.B. 94 was sent to the Procedural Subcommittee. On March 8, 1995, H.B. 94 was reported favorably from subcommittee. On March 13, 1995, H.B. 94 was considered by the full committee in a public hearing and reported favorably without amendment, with the recommendation that it do pass and be printed, by a record vote of 9 ayes, 0 nays, 0 pnv, and 0 absent.