Bill not drafted by TLC or Senate E&E.

      Line and page numbers may not match official copy.

      By Hirschi                                      H.B. No. 2658

                                A BILL TO BE ENTITLED

 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     communicated 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; of

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; ]Lor  

 2-4                       (B)  possessing or transporting a weapon in

 2-5     violation of Section 46.05.; or

 2-6                       (C)  carrying a rifle or shotgun.

 2-7           SECTION 2.  (a)  The change in law made by this Act applies

 2-8     only to an offense committed on or after the effective date of this

 2-9     Act.  For purposes of this section, an offense is committed before

2-10     the effective date of this Act if any element of the offense occurs

2-11     before the effective date.

2-12           (b)  An offense committed before the effective date of this

2-13     Act is covered by the law in effect when the offense was committed,

2-14     and the former law is continued in effect for that purpose.

2-15           SECTION 3.  This Act takes effect September 1, 1997.

2-16           SECTION 4.  The importance of this legislation and the

2-17     crowded condition of the calendars in both houses create an

2-18     emergency and an imperative public necessity that the

2-19     constitutional rule requiring bills to be read on three several

2-20     days in each house be suspended, and this rule is hereby suspended.