By Kamel, Yarbrough, Stiles, Chisum                     H.B. No. 94
       74R185 DRH-D
                                 A BILL TO BE ENTITLED
    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        SECTION 3.  (a)  The change in law made by Section 1 of this
    2-7  Act applies only to an offense committed on or after the effective
    2-8  date of this Act.  For the purposes of this section, an offense is
    2-9  committed before the effective date of this Act if any element of
   2-10  the offense occurs before the effective date.
   2-11        (b)  An offense committed before the effective date of this
   2-12  Act is covered by the law in effect when the offense was committed,
   2-13  and the former law is continued in effect for this purpose.
   2-14        (c)  The change in law made by Section 2 of this Act applies
   2-15  only to a cause of action that accrues on or after the effective
   2-16  date of this Act.  An action that accrued before the effective date
   2-17  of this Act is governed by the law in effect at the time the action
   2-18  accrued, and that law is continued in effect for that purpose.
   2-19        SECTION 4.  This Act takes effect September 1, 1995.
   2-20        SECTION 5.  The importance of this legislation and the
   2-21  crowded condition of the calendars in both houses create an
   2-22  emergency and an imperative public necessity that the
   2-23  constitutional rule requiring bills to be read on three several
   2-24  days in each house be suspended, and this rule is hereby suspended.