BILL ANALYSIS


                                                          H.B. 94
                                           By: Kamel (Armbrister)
                                                 Criminal Justice
                                                          5-10-95
                              Senate Committee Report (Unamended)
BACKGROUND

Current Texas law permits a person to use deadly force in his or
her 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

As proposed, H.B. 94 provides that an actor is justified in using
deadly force against a person who unlawfully enters the actor's
habitation, regardless of whether a reasonable person would have
retreated, and provides an affirmative defense to civil suit for
such an actor.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not grant any
additional rulemaking authority to a state officer, agency, or
institution.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 9.32, Penal Code, as follows:

     Sec. 9.32.  DEADLY FORCE IN DEFENSE OF PERSON. (a) Created
     from existing text.
     
     (b)  Provides that the requirement under Subsection (a)(2)
       does not apply to an actor who uses force against a person
       who is at the time of the use of force committing an offense
       of unlawful entry in the habitation of the actor.
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 that it is an
     affirmative defense to a civil action for damages for personal
     injury or death that the defendant was justified in using
     deadly force under Sec. 9.32, Penal Code, against a person who
     was committing an offense of unlawful entry in the habitation
     of the defendant.
     
     SECTION 3.     Makes application of this Act prospective.

SECTION 4. Effective date: September 1, 1995.

SECTION 5. Emergency clause.