|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to the use of deadly force in defense of a person or |
|
property. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Chapter 2, Code of Criminal Procedure, is |
|
amended by adding Articles 2.026 and 2.141 to read as follows: |
|
Art. 2.026. SPECIAL DUTY OF ATTORNEY REPRESENTING THE STATE |
|
RELATING TO DEFENSIVE USE OF DEADLY FORCE. If a person claims a |
|
justification under Subchapter C or D, Chapter 9, Penal Code, for an |
|
incident involving the use of deadly force against another, the |
|
attorney representing the state in the prosecution of felonies in |
|
the county in which the use of force occurred shall ensure that the |
|
incident is thoroughly investigated by an appropriate law |
|
enforcement agency and shall review the sufficiency of the |
|
investigation. |
|
Art. 2.141. LAW ENFORCEMENT INVESTIGATION OF INCIDENT |
|
INVOLVING DEFENSIVE USE OF DEADLY FORCE. (a) In this article, "law |
|
enforcement agency" means an agency of the state, a county, or a |
|
municipality that employs peace officers and investigates offenses |
|
under Title 5, Penal Code. |
|
(b) A law enforcement agency shall adopt a written policy |
|
regarding the investigation of an incident in which a person claims |
|
a justification under Subchapter C or D, Chapter 9, Penal Code, for |
|
the use of deadly force against another. The policy must state that |
|
the claim of a justification does not prohibit a peace officer |
|
employed by the agency from: |
|
(1) investigating an incident in which deadly force is |
|
used, including taking possession of any weapon or firearm used in |
|
the incident; or |
|
(2) questioning or taking into custody the person who |
|
used deadly force. |
|
SECTION 2. Subchapter C, Chapter 72, Government Code, is |
|
amended by adding Section 72.031 to read as follows: |
|
Sec. 72.031. COLLECTION OF DATA RELATING TO INCIDENTS |
|
INVOLVING DEFENSIVE USE OF DEADLY FORCE. (a) The office shall |
|
collect and maintain data from law enforcement agencies and |
|
district and county attorneys relating to incidents in which a |
|
person claims a justification under Subchapter C or D, Chapter 9, |
|
Penal Code, for the use of deadly force against another. The data |
|
must include information regarding the outcome of any law |
|
enforcement investigation and the disposition of any charges |
|
resulting from the incident. |
|
(b) Not later than December 1 of each even-numbered year, |
|
the office shall file a report containing the data collected under |
|
Subsection (a) for the preceding state fiscal biennium with the |
|
governor, the lieutenant governor, the speaker of the house of |
|
representatives, and the presiding officer of the standing |
|
committee of each house of the legislature with jurisdiction over |
|
criminal justice. |
|
SECTION 3. Section 9.32, Penal Code, is amended by adding |
|
Subsection (b-1) to read as follows: |
|
(b-1) For purposes of Subsection (a)(2), in determining |
|
whether an actor reasonably believed that the use of deadly force |
|
was necessary, a finder of fact may consider: |
|
(1) the physical proximity of the actor to the person |
|
against whom the deadly force was used; |
|
(2) whether the person against whom the deadly force |
|
was used exhibited or used a weapon; and |
|
(3) whether the person against whom the deadly force |
|
was used was fleeing or retreating at the time the force was used. |
|
SECTION 4. Section 9.42, Penal Code, is amended to read as |
|
follows: |
|
Sec. 9.42. DEADLY FORCE TO PROTECT PROPERTY. A person is |
|
justified in using deadly force against another to protect land or |
|
tangible, movable property: |
|
(1) if he would be justified in using force against the |
|
other under Section 9.41; [and] |
|
(2) when and to the degree he reasonably believes the |
|
deadly force is immediately necessary[:
|
|
[(A)] to prevent the other's imminent commission |
|
of arson, burglary, robbery, aggravated robbery, theft during the |
|
nighttime, or criminal mischief during the nighttime; [or
|
|
[(B)
to prevent the other who is fleeing
|
|
immediately after committing burglary, robbery, aggravated
|
|
robbery, or theft during the nighttime from escaping with the
|
|
property;] and |
|
(3) if he reasonably believes that: |
|
(A) the land or property cannot be protected [or
|
|
recovered] by any other means; or |
|
(B) the use of force other than deadly force to |
|
protect [or recover] the land or property would expose the actor or |
|
another to a substantial risk of death or serious bodily injury. |
|
SECTION 5. Section 9.43, Penal Code, is amended to read as |
|
follows: |
|
Sec. 9.43. PROTECTION OF THIRD PERSON'S PROPERTY. A person |
|
is justified in using force [or deadly force] against another to |
|
protect land or tangible, movable property of a third person if, |
|
under the circumstances as he reasonably believes them to be, the |
|
actor would be justified under Section 9.41 [or 9.42] in using force |
|
[or deadly force] to protect his own land or property and: |
|
(1) the actor reasonably believes the unlawful |
|
interference constitutes attempted or consummated theft of or |
|
criminal mischief to the tangible, movable property; or |
|
(2) the actor reasonably believes that: |
|
(A) the third person has requested his protection |
|
of the land or property; |
|
(B) he has a legal duty to protect the third |
|
person's land or property; or |
|
(C) the third person whose land or property he |
|
uses force [or deadly force] to protect is the actor's spouse, |
|
parent, or child, resides with the actor, or is under the actor's |
|
care. |
|
SECTION 6. Not later than January 1, 2014, a law enforcement |
|
agency shall adopt and implement a policy required by Article |
|
2.141, Code of Criminal Procedure, as added by this Act. |
|
SECTION 7. The change in law made by this Act applies only |
|
to an offense committed on or after the effective date of this Act. |
|
An offense committed before the effective date of this Act is |
|
governed by the law in effect on the date the offense was committed, |
|
and the former law is continued in effect for that purpose. For |
|
purposes of this section, an offense was committed before the |
|
effective date of this Act if any element of the offense occurred |
|
before that date. |
|
SECTION 8. This Act takes effect September 1, 2013. |