H.B. No. 94 1-1 AN ACT 1-2 relating to the use of deadly force in defense of a person. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. Section 9.32, Penal Code, is amended to read as 1-5 follows: 1-6 Sec. 9.32. Deadly Force in Defense of Person. (a) A person 1-7 is justified in using deadly force against another: 1-8 (1) if he would be justified in using force against 1-9 the other under Section 9.31; 1-10 (2) if a reasonable person in the actor's situation 1-11 would not have retreated; and 1-12 (3) when and to the degree he reasonably believes the 1-13 deadly force is immediately necessary: 1-14 (A) to protect himself against the other's use 1-15 or attempted use of unlawful deadly force; or 1-16 (B) to prevent the other's imminent commission 1-17 of aggravated kidnapping, murder, sexual assault, aggravated sexual 1-18 assault, robbery, or aggravated robbery. 1-19 (b) The requirement imposed by Subsection (a)(2) does not 1-20 apply to an actor who uses force against a person who is at the 1-21 time of the use of force committing an offense of unlawful entry in 1-22 the habitation of the actor. 1-23 SECTION 2. Title 4, Civil Practice and Remedies Code, is 1-24 amended by adding Chapter 83 to read as follows: 2-1 CHAPTER 83. USE OF DEADLY FORCE IN DEFENSE OF PERSON 2-2 Sec. 83.001. AFFIRMATIVE DEFENSE. It is an affirmative 2-3 defense to a civil action for damages for personal injury or death 2-4 that the defendant, at the time the cause of action arose, was 2-5 justified in using deadly force under Section 9.32, Penal Code, 2-6 against a person who at the time of the use of force was committing 2-7 an offense of unlawful entry in the habitation of the defendant. 2-8 SECTION 3. (a) The change in law made by Section 1 of this 2-9 Act applies only to an offense committed on or after the effective 2-10 date of this Act. For the purposes of this section, an offense is 2-11 committed before the effective date of this Act if any element of 2-12 the offense occurs before the effective date. 2-13 (b) An offense committed before the effective date of this 2-14 Act is covered by the law in effect when the offense was committed, 2-15 and the former law is continued in effect for this purpose. 2-16 (c) The change in law made by Section 2 of this Act applies 2-17 only to a cause of action that accrues on or after the effective 2-18 date of this Act. An action that accrued before the effective date 2-19 of this Act is governed by the law in effect at the time the action 2-20 accrued, and that law is continued in effect for that purpose. 2-21 SECTION 4. This Act takes effect September 1, 1995. 2-22 SECTION 5. The importance of this legislation and the 2-23 crowded condition of the calendars in both houses create an 2-24 emergency and an imperative public necessity that the 2-25 constitutional rule requiring bills to be read on three several 2-26 days in each house be suspended, and this rule is hereby suspended.