H.B. No. 981 1-1 AN ACT 1-2 relating to the justification for the use of force as a defense in 1-3 the prosecution of a criminal case. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Section 9.31(b), Penal Code, is amended to read 1-6 as follows: 1-7 (b) The use of force against another is not justified: 1-8 (1) in response to verbal provocation alone; 1-9 (2) to resist an arrest or search that the actor knows 1-10 is being made by a peace officer, or by a person acting in a peace 1-11 officer's presence and at his direction, even though the arrest or 1-12 search is unlawful, unless the resistance is justified under 1-13 Subsection (c); 1-14 (3) if the actor consented to the exact force used or 1-15 attempted by the other; 1-16 (4) if the actor provoked the other's use or 1-17 attempted use of unlawful force, unless: 1-18 (A) the actor abandons the encounter, or clearly 1-19 communicates to the other his intent to do so reasonably believing 1-20 he cannot safely abandon the encounter; and 1-21 (B) the other nevertheless continues or attempts 1-22 to use unlawful force against the actor; or 1-23 (5) if the actor sought an explanation from or 1-24 discussion with the other person concerning the actor's differences 2-1 with the other person while the actor was: 2-2 (A) carrying a weapon in violation of Section 2-3 46.02; or 2-4 (B) possessing or transporting a weapon in 2-5 violation of Section 46.05. 2-6 SECTION 2. (a) The change in law made by this Act applies 2-7 only to an offense committed on or after the effective date of this 2-8 Act. For purposes of this section, an offense is committed before 2-9 the effective date of this Act if any element of the offense occurs 2-10 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 that purpose. 2-14 SECTION 3. This Act takes effect September 1, 1995. 2-15 SECTION 4. The importance of this legislation and the 2-16 crowded condition of the calendars in both houses create an 2-17 emergency and an imperative public necessity that the 2-18 constitutional rule requiring bills to be read on three several 2-19 days in each house be suspended, and this rule is hereby suspended.