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.