HBA-NMO H.B. 1817 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 1817 By: Goolsby Criminal Jurisprudence 3/21/99 Introduced BACKGROUND AND PURPOSE Current law provides that a person is justified in using deadly force to protect property in certain situations. A man working as a recovery agent for an automobile dealership, in his attempt to repossess a vehicle from a person who had defaulted on a security interest, was shot and killed by the person. The person claimed he believed someone was stealing his vehicle. The Harris County District Attorney's office declined to file charges and a Harris County grand jury decided not to indict the person because of the person's right to use deadly force to protect property as defined under Section 9.42, Penal Code. H.B. 1817 provides that person, after receiving notice that the loan secured by the person's motor vehicle is in default, who uses deadly force against another to prevent the recovery of the vehicle is presumed to know that the use of deadly force was not necessary. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 9.42 (Deadly Force to Protect Property), Penal Code, to provide that a person who possess a motor vehicle that is encumbered by a security interest or other lien and who, after receiving notice that the loan secured by the vehicle is in default, uses deadly force against another to prevent the recovery of the vehicle is presumed to know that use of force was not necessary. SECTION 2. Makes application of this Act prospective. SECTION 3. Effective date: September 1, 1999. SECTION 4. Emergency clause.