BILL ANALYSIS


                                                         H.B. 981
                                           By: Hirschi (Whitmire)
                                                 Criminal Justice
                                                           5-3-95
                              Senate Committee Report (Unamended)
BACKGROUND

Section 9.31, Penal Code, authorizes a person to use force in self
defense under certain circumstances.  The 73rd Legislature amended
the Penal Code disallowing the claim of self defense when a person
unlawfully carries a handgun, illegal knife, or club while seeking
an explanation from or discussion with another person about their
respective differences.  Other illegal weapons were not listed.

PURPOSE

As proposed, H.B. 981 adds certain illegal weapons to the list of
weapons that if carried to the scene of a confrontation do not
justify a claim of self defense.

RULEMAKING AUTHORITY

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

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 9.31(b), Penal Code, to provide that the
use of force is not justified, among other reasons, if the actor
sought an explanation from or discussion with the other person
concerning the actor's differences with the other person while the
person was possessing or transporting a weapon in violation of
Section 46.05.

SECTION 2. Makes application of this Act prospective.

SECTION 3. Effective date: September 1, 1995.

SECTION 4. Emergency clause.