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A BILL TO BE ENTITLED
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AN ACT
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relating to the use of force or deadly force in defense of a person. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 9.01, Penal Code, is amended by adding |
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Subdivisions (4) and (5) to read as follows: |
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(4) "Habitation" has the meaning assigned by Section |
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30.01. |
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(5) "Vehicle" has the meaning assigned by Section |
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30.01. |
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SECTION 2. Section 9.31, Penal Code, is amended by amending |
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Subsection (a) and adding Subsections (e) and (f) to read as |
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follows: |
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(a) Except as provided in Subsection (b), a person is |
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justified in using force against another when and to the degree the |
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actor [he] reasonably believes the force is immediately necessary |
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to protect the actor [himself] against the other's use or attempted |
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use of unlawful force. The actor's belief that the force was |
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immediately necessary as described by this subsection is presumed |
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to be reasonable if the actor: |
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(1) was licensed to carry a concealed handgun under |
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Subchapter H, Chapter 411, Government Code, at the time the actor |
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used the force; and |
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(2) knew or had reason to believe that the person |
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against whom the force was used: |
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(A) unlawfully entered, or was attempting to |
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enter unlawfully, the actor's habitation, vehicle, or place of |
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business or employment; |
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(B) unlawfully removed, or was attempting to |
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remove unlawfully, the actor from the actor's habitation, vehicle, |
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or place of business or employment; or |
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(C) was committing or attempting to commit |
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aggravated kidnapping, murder, sexual assault, aggravated sexual |
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assault, robbery, or aggravated robbery. |
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(e) A person is not required to retreat before using force |
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as described by this section if the person: |
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(1) is licensed to carry a concealed handgun under |
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Subchapter H, Chapter 411, Government Code, at the time the actor |
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uses the force; |
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(2) has a right to be present at the location where the |
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force is used; |
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(3) has not provoked the person against whom the force |
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is used; and |
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(4) is not engaged in criminal activity at the time the |
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force is used. |
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(f) For purposes of Subsection (a), in determining whether |
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an actor described by Subsection (e) reasonably believed that the |
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use of force was necessary, a finder of fact may not consider |
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whether the actor failed to retreat. |
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SECTION 3. Section 9.32, Penal Code, is amended to read as |
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follows: |
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Sec. 9.32. DEADLY FORCE IN DEFENSE OF PERSON. (a) A person |
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is justified in using deadly force against another: |
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(1) if the actor [he] would be justified in using force |
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against the other under Section 9.31; and |
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(2) [if a reasonable person in the actor's situation
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would not have retreated; and
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[(3)] when and to the degree the actor [he] reasonably |
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believes the deadly force is immediately necessary: |
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(A) to protect the actor [himself] against the |
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other's use or attempted use of unlawful deadly force; or |
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(B) to prevent the other's imminent commission of |
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aggravated kidnapping, murder, sexual assault, aggravated sexual |
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assault, robbery, or aggravated robbery. |
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(b) The actor's belief under Subsection (a)(2) that the |
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deadly force was immediately necessary as described by that |
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subdivision is presumed to be reasonable if the actor: |
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(1) was licensed to carry a concealed handgun under |
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Subchapter H, Chapter 411, Government Code, at the time the actor |
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used the deadly force; and |
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(2) knew or had reason to believe that the person |
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against whom the deadly force was used: |
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(A) unlawfully entered, or was attempting to |
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enter unlawfully, the actor's habitation, vehicle, or place of |
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business or employment; |
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(B) unlawfully removed, or was attempting to |
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remove unlawfully, the actor from the actor's habitation, vehicle, |
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or place of business or employment; or |
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(C) was committing or attempting to commit an |
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offense described by Subsection (a)(2)(B) [The requirement imposed
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by Subsection (a)(2) does not apply to an actor who uses force
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against a person who is at the time of the use of force committing an
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offense of unlawful entry in the habitation of the actor]. |
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(c) A person is not required to retreat before using deadly |
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force as described by this section if the person: |
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(1) is licensed to carry a concealed handgun under |
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Subchapter H, Chapter 411, Government Code, at the time the actor |
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uses the deadly force; |
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(2) has a right to be present at the location where the |
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deadly force is used; |
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(3) has not provoked the person against whom the |
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deadly force is used; and |
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(4) is not engaged in criminal activity at the time the |
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deadly force is used. |
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(d) For purposes of Subsection (a)(2), in determining |
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whether an actor described by Subsection (c) reasonably believed |
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that the use of deadly force was necessary, a finder of fact may not |
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consider whether the actor failed to retreat. |
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SECTION 4. Section 83.001, Civil Practice and Remedies |
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Code, is amended to read as follows: |
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Sec. 83.001. AFFIRMATIVE DEFENSE. It is an affirmative |
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defense to a civil action for damages for personal injury or death |
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that the defendant, at the time the cause of action arose, was |
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justified in using force or deadly force under Subchapter C, |
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Chapter 9 [Section 9.32], Penal Code[, against a person who at the
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time of the use of force was committing an offense of unlawful entry
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in the habitation of the defendant]. |
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SECTION 5. (a) Sections 9.31 and 9.32, Penal Code, as |
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amended by this Act, apply only to an offense committed on or after |
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the effective date of this Act. An offense committed before the |
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effective date of this Act is covered by the law in effect when the |
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offense was committed, and the former law is continued in effect for |
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this purpose. For the purposes of this subsection, an offense is |
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committed before the effective date of this Act if any element of |
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the offense occurs before the effective date. |
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(b) Section 83.001, Civil Practice and Remedies Code, as |
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amended by this Act, applies only to a cause of action that accrues |
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on or after the effective date of this Act. An action that accrued |
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before the effective date of this Act is governed by the law in |
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effect at the time the action accrued, and that law is continued in |
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effect for that purpose. |
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SECTION 6. This Act takes effect September 1, 2007. |