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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) 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 and with force entered, or was |
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attempting to enter unlawfully and with force, the actor's occupied |
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habitation, vehicle, or place of business or employment; |
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(B) unlawfully and with force removed, or was |
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attempting to remove unlawfully and with force, the actor from the |
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actor's habitation, vehicle, 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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(2) did not provoke the person against whom the force |
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was used; and |
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(3) was not otherwise engaged in criminal activity, |
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other than a Class C misdemeanor that is a violation of a law or |
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ordinance regulating traffic at the time the force was used. |
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(e) A person who has a right to be present at the location |
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where the force is used, who has not provoked the person against |
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whom the force is used, and who is not engaged in criminal activity |
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at the time the force is used is not required to retreat before |
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using force as described by this section. |
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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) 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 and with force entered, or was |
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attempting to enter unlawfully and with force, the actor's occupied |
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habitation, vehicle, or place of business or employment; |
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(B) unlawfully and with force removed, or was |
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attempting to remove unlawfully and with force, the actor from the |
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actor's habitation, vehicle, 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); |
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(2) did not provoke the person against whom the force |
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was used; and |
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(3) was not otherwise engaged in criminal activity, |
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other than a Class C misdemeanor that is a violation of a law or |
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ordinance regulating traffic at the time the force was used |
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[requirement imposed by Subsection (a)(2) does not apply to an actor
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who uses force against a person who is at the time of the use of
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force committing an offense of unlawful entry in the habitation of
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the actor]. |
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(c) A person who has a right to be present at the location |
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where the deadly force is used, who has not provoked the person |
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against whom the deadly force is used, and who is not engaged in |
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criminal activity at the time the deadly force is used is not |
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required to retreat before using deadly force as described by this |
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section. |
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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. CIVIL IMMUNITY [AFFIRMATIVE DEFENSE]. A [It
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is an affirmative defense to a civil action for damages for personal
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injury or death that the] defendant who uses force or[, at the time
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the cause of action arose, was justified in using] deadly force that |
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is justified under Chapter 9 [Section 9.32], Penal Code, is immune |
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from civil liability for personal injury or death that results from |
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the defendant's [against a person who at the time of the] use of |
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force or deadly force, as applicable [was committing an offense of
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unlawful entry 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. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 378 passed the Senate on |
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March 13, 2007, by the following vote: Yeas 30, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 378 passed the House on |
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March 20, 2007, by the following vote: Yeas 133, Nays 13, one |
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present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |