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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 in defense of property. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 9.41(b), Penal Code, is amended to read |
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as follows: |
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(b) A person unlawfully dispossessed of land or tangible, |
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movable property by another is justified in using force against the |
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other when and to the degree the actor reasonably believes the force |
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is immediately necessary to reenter the land or recover the |
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property if the actor: |
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(1) uses the force immediately or in fresh pursuit |
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after the dispossession and: |
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(A) [(1)] the actor reasonably believes the |
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other had no claim of right when he dispossessed the actor; or |
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(B) [(2)] the other accomplished the |
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dispossession by using force, threat, or fraud against the actor; |
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and |
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(2) 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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SECTION 2. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 3. This Act takes effect September 1, 2015. |