1-1  By:  Kamel, et al. (Senate Sponsor - Armbrister)        H.B. No. 94
    1-2        (In the Senate - Received from the House March 30, 1995;
    1-3  April 3, 1995, read first time and referred to Committee on
    1-4  Jurisprudence; April 5, 1995, rereferred to Committee on Criminal
    1-5  Justice; May 10, 1995, reported favorably by the following vote:
    1-6  Yeas 5, Nays 0; May 10, 1995, sent to printer.)
    1-7                         A BILL TO BE ENTITLED
    1-8                                AN ACT
    1-9  relating to the use of deadly force in defense of a person.
   1-10        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-11        SECTION 1.  Section 9.32, Penal Code, is amended to read as
   1-12  follows:
   1-13        Sec. 9.32.  Deadly Force in Defense of Person.  (a)  A person
   1-14  is justified in using deadly force against another:
   1-15              (1)  if he would be justified in using force against
   1-16  the other under Section 9.31;
   1-17              (2)  if a reasonable person in the actor's situation
   1-18  would not have retreated; and
   1-19              (3)  when and to the degree he reasonably believes the
   1-20  deadly force is immediately necessary:
   1-21                    (A)  to protect himself against the other's use
   1-22  or attempted use of unlawful deadly force; or
   1-23                    (B)  to prevent the other's imminent commission
   1-24  of aggravated kidnapping, murder, sexual assault, aggravated sexual
   1-25  assault, robbery, or aggravated robbery.
   1-26        (b)  The requirement imposed by Subsection (a)(2) does not
   1-27  apply to an actor who uses force against a person who is at the
   1-28  time of the use of force committing an offense of unlawful entry in
   1-29  the habitation of the actor.
   1-30        SECTION 2.  Title 4, Civil Practice and Remedies Code, is
   1-31  amended by adding Chapter 83 to read as follows:
   1-32         CHAPTER 83.  USE OF DEADLY FORCE IN DEFENSE OF PERSON
   1-33        Sec. 83.001.  AFFIRMATIVE DEFENSE.  It is an affirmative
   1-34  defense to a civil action for damages for personal injury or death
   1-35  that the defendant, at the time the cause of action arose, was
   1-36  justified in using deadly force under Section 9.32, Penal Code,
   1-37  against a person who at the time of the use of force was committing
   1-38  an offense of unlawful entry in the habitation of the defendant.
   1-39        SECTION 3.  (a)  The change in law made by Section 1 of this
   1-40  Act applies only to an offense committed on or after the effective
   1-41  date of this Act.  For the purposes of this section, an offense is
   1-42  committed before the effective date of this Act if any element of
   1-43  the offense occurs before the effective date.
   1-44        (b)  An offense committed before the effective date of this
   1-45  Act is covered by the law in effect when the offense was committed,
   1-46  and the former law is continued in effect for this purpose.
   1-47        (c)  The change in law made by Section 2 of this Act applies
   1-48  only to a cause of action that accrues on or after the effective
   1-49  date of this Act.  An action that accrued before the effective date
   1-50  of this Act is governed by the law in effect at the time the action
   1-51  accrued, and that law is continued in effect for that purpose.
   1-52        SECTION 4.  This Act takes effect September 1, 1995.
   1-53        SECTION 5.  The importance of this legislation and the
   1-54  crowded condition of the calendars in both houses create an
   1-55  emergency and an imperative public necessity that the
   1-56  constitutional rule requiring bills to be read on three several
   1-57  days in each house be suspended, and this rule is hereby suspended.
   1-58                               * * * * *