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A BILL TO BE ENTITLED
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AN ACT
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relating to the arrest of a person without a warrant for the offense |
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of criminal trespass. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 14.01(a), Code of Criminal Procedure, is |
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amended to read as follows: |
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(a) A peace officer or any other person, may, without a |
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warrant, arrest an offender when the offense is committed in his |
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presence or within his view, if the offense is one classed as a |
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felony, [or as] an offense against the public peace, or criminal |
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trespass under Section 30.05, Penal Code. |
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SECTION 2. Section 9.51(d), Penal Code, is amended to read |
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as follows: |
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(d) A person other than a peace officer acting in a peace |
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officer's presence and at his direction is justified in using |
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deadly force against another when and to the degree the person |
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reasonably believes the deadly force is immediately necessary to |
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make a lawful arrest, or to prevent escape after a lawful arrest, if |
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the use of force would have been justified under Subsection (b) and: |
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(1) the actor reasonably believes the felony, the [or] |
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offense against the public peace, or the offense of criminal |
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trespass under Section 30.05 for which arrest is authorized |
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included the use or attempted use of deadly force; or |
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(2) the actor reasonably believes there is a |
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substantial risk that the person to be arrested will cause death or |
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serious bodily injury to another if the arrest is delayed. |
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SECTION 3. This Act takes effect September 1, 2007. |