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.