By Yarbrough                                           H.B. No. 107
       74R784 PEP-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)  Subsection (a)(2) does not apply to an actor if the
   1-20  actor is in a habitation or the habitation's curtilage.
   1-21        SECTION 2.  This Act takes effect September 1, 1995.
   1-22        SECTION 3.  The importance of this legislation and the
   1-23  crowded condition of the calendars in both houses create an
   1-24  emergency and an imperative public necessity that the
    2-1  constitutional rule requiring bills to be read on three several
    2-2  days in each house be suspended, and this rule is hereby suspended.