By Goolsby H.B. No. 1817
76R7408 GWK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the use of deadly force to protect property.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 9.42, Penal Code, is amended to read as
1-5 follows:
1-6 Sec. 9.42. DEADLY FORCE TO PROTECT PROPERTY. (a) A person
1-7 is justified in using deadly force against another to protect land
1-8 or tangible, movable property:
1-9 (1) if he would be justified in using force against
1-10 the other under Section 9.41; and
1-11 (2) when and to the degree he reasonably believes the
1-12 deadly force is immediately necessary:
1-13 (A) to prevent the other's imminent commission
1-14 of arson, burglary, robbery, aggravated robbery, theft during the
1-15 nighttime, or criminal mischief during the nighttime; or
1-16 (B) to prevent the other who is fleeing
1-17 immediately after committing burglary, robbery, aggravated robbery,
1-18 or theft during the nighttime from escaping with the property; and
1-19 (3) he reasonably believes that:
1-20 (A) the land or property cannot be protected or
1-21 recovered by any other means; or
1-22 (B) the use of force other than deadly force to
1-23 protect or recover the land or property would expose the actor or
1-24 another to a substantial risk of death or serious bodily injury.
2-1 (b) A person who possesses a motor vehicle that is
2-2 encumbered by a security interest or other lien and who, after
2-3 receiving notice that the loan secured by the vehicle is in
2-4 default, uses deadly force against another to prevent the recovery
2-5 of the vehicle is presumed to know that use of the force was not
2-6 necessary to prevent the commission of an offense listed in
2-7 Subsection (a)(2)(A) or to prevent another from fleeing after the
2-8 commission of an offense listed in Subsection (a)(2)(B).
2-9 SECTION 2. (a) The change in law made by this Act applies
2-10 only to an offense committed on or after the effective date of this
2-11 Act. For purposes of this section, an offense is committed before
2-12 the effective date of this Act if any element of the offense occurs
2-13 before the effective date.
2-14 (b) An offense committed before the effective date of this
2-15 Act is covered by the law in effect when the offense was committed,
2-16 and the former law is continued in effect for that purpose.
2-17 SECTION 3. This Act takes effect September 1, 1999.
2-18 SECTION 4. The importance of this legislation and the
2-19 crowded condition of the calendars in both houses create an
2-20 emergency and an imperative public necessity that the
2-21 constitutional rule requiring bills to be read on three several
2-22 days in each house be suspended, and this rule is hereby suspended.