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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 against another in |
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defense of a third person. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 9.33, Penal Code, is amended to read as |
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follows: |
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Sec. 9.33. DEFENSE OF THIRD PERSON. (a) A person is |
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justified in using force or deadly force against another to protect |
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a third person if: |
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(1) under the circumstances as the actor reasonably |
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believes them to be, the actor would be justified under Section 9.31 |
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or 9.32 in using force or deadly force to protect himself against |
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the unlawful force or unlawful deadly force he reasonably believes |
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to be threatening the third person he seeks to protect; and |
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(2) the actor reasonably believes that his |
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intervention is immediately necessary to protect the third person. |
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(b) For purposes of this section, "third person" does not |
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include: |
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(1) a human embryo that exists outside of a woman's |
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body; or |
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(2) an unborn child unless the actor is a pregnant |
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woman who is carrying that child. |
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SECTION 2. This Act takes effect September 1, 2011. |