| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the determination of whether a use of force against |
|
|
another is justified. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Subsection (b), Section 9.31, Penal Code, is |
|
|
amended to read as follows: |
|
|
(b) The use of force against another is not justified: |
|
|
(1) in response to verbal provocation alone; |
|
|
(2) to resist an arrest or search that the actor knows |
|
|
is being made by a peace officer, or by a person acting in a peace |
|
|
officer's presence and at his direction, even though the arrest or |
|
|
search is unlawful, unless the resistance is justified under |
|
|
Subsection (c); |
|
|
(3) if the actor consented to the exact force used or |
|
|
attempted by the other; |
|
|
(4) if the actor provoked the other's use or attempted |
|
|
use of unlawful force, unless: |
|
|
(A) the actor abandons the encounter, or clearly |
|
|
communicates to the other his intent to do so reasonably believing |
|
|
he cannot safely abandon the encounter; and |
|
|
(B) the other nevertheless continues or attempts |
|
|
to use unlawful force against the actor; or |
|
|
(5) if the actor sought an explanation from or |
|
|
discussion with the other person concerning the actor's differences |
|
|
with the other person while the actor was: |
|
|
(A) carrying a weapon in violation of Section |
|
|
46.02; [or] |
|
|
(B) possessing or transporting a weapon in |
|
|
violation of Section 46.05; or |
|
|
(C) possessing a firearm in violation of Section |
|
|
46.04. |
|
|
SECTION 2. 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 3. This Act takes effect September 1, 2013. |