1-1 By: Hirschi (Senate Sponsor - Whitmire) H.B. No. 981 1-2 (In the Senate - Received from the House April 5, 1995; 1-3 April 6, 1995, read first time and referred to Committee on 1-4 Criminal Justice; May 2, 1995, reported favorably by the following 1-5 vote: Yeas 5, Nays 0; May 2, 1995, sent to printer.) 1-6 A BILL TO BE ENTITLED 1-7 AN ACT 1-8 relating to the justification for the use of force as a defense in 1-9 the prosecution of a criminal case. 1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-11 SECTION 1. Section 9.31(b), Penal Code, is amended to read 1-12 as follows: 1-13 (b) The use of force against another is not justified: 1-14 (1) in response to verbal provocation alone; 1-15 (2) to resist an arrest or search that the actor knows 1-16 is being made by a peace officer, or by a person acting in a peace 1-17 officer's presence and at his direction, even though the arrest or 1-18 search is unlawful, unless the resistance is justified under 1-19 Subsection (c); 1-20 (3) if the actor consented to the exact force used or 1-21 attempted by the other; 1-22 (4) if the actor provoked the other's use or 1-23 attempted use of unlawful force, unless: 1-24 (A) the actor abandons the encounter, or clearly 1-25 communicates to the other his intent to do so reasonably believing 1-26 he cannot safely abandon the encounter; and 1-27 (B) the other nevertheless continues or attempts 1-28 to use unlawful force against the actor; or 1-29 (5) if the actor sought an explanation from or 1-30 discussion with the other person concerning the actor's differences 1-31 with the other person while the actor was: 1-32 (A) carrying a weapon in violation of Section 1-33 46.02; or 1-34 (B) possessing or transporting a weapon in 1-35 violation of Section 46.05. 1-36 SECTION 2. (a) The change in law made by this Act applies 1-37 only to an offense committed on or after the effective date of this 1-38 Act. For purposes of this section, an offense is committed before 1-39 the effective date of this Act if any element of the offense occurs 1-40 before the effective date. 1-41 (b) An offense committed before the effective date of this 1-42 Act is covered by the law in effect when the offense was committed, 1-43 and the former law is continued in effect for that purpose. 1-44 SECTION 3. This Act takes effect September 1, 1995. 1-45 SECTION 4. The importance of this legislation and the 1-46 crowded condition of the calendars in both houses create an 1-47 emergency and an imperative public necessity that the 1-48 constitutional rule requiring bills to be read on three several 1-49 days in each house be suspended, and this rule is hereby suspended. 1-50 * * * * *