| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to use of force or deadly force in defense of a person. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 9.31(a), Penal Code, is amended to read |
|
|
as follows: |
|
|
(a) Except as provided in Subsection (b), a person is |
|
|
justified in using force against another when and to the degree the |
|
|
actor reasonably believes the force is immediately necessary to |
|
|
protect the actor against the other's use or attempted use of |
|
|
unlawful force. [The actor's belief that the force was immediately
|
|
|
necessary as described by this subsection is presumed to be
|
|
|
reasonable if the actor:
|
|
|
[(1)
knew or had reason to believe that the person
|
|
|
against whom the force was used:
|
|
|
[(A)
unlawfully and with force entered, or was
|
|
|
attempting to enter unlawfully and with force, the actor's occupied
|
|
|
habitation, vehicle, or place of business or employment;
|
|
|
[(B)
unlawfully and with force removed, or was
|
|
|
attempting to remove unlawfully and with force, the actor from the
|
|
|
actor's habitation, vehicle, or place of business or employment; or
|
|
|
[(C)
was committing or attempting to commit
|
|
|
aggravated kidnapping, murder, sexual assault, aggravated sexual
|
|
|
assault, robbery, or aggravated robbery;
|
|
|
[(2)
did not provoke the person against whom the force
|
|
|
was used; and
|
|
|
[(3)
was not otherwise engaged in criminal activity,
|
|
|
other than a Class C misdemeanor that is a violation of a law or
|
|
|
ordinance regulating traffic at the time the force was used.] |
|
|
SECTION 2. Sections 9.32(a) and (b), Penal Code, are |
|
|
amended to read as follows: |
|
|
(a) A person is justified in using deadly force against |
|
|
another: |
|
|
(1) if the actor would be justified in using force |
|
|
against the other under Section 9.31; [and] |
|
|
(2) if a reasonable person in the actor's situation |
|
|
would not have retreated; and |
|
|
(3) when and to the degree the actor reasonably |
|
|
believes the deadly force is immediately necessary: |
|
|
(A) to protect the actor against the other's use |
|
|
or attempted use of unlawful deadly force; or |
|
|
(B) to prevent the other's imminent commission of |
|
|
aggravated kidnapping, murder, sexual assault, aggravated sexual |
|
|
assault, robbery, or aggravated robbery. |
|
|
(b) The requirement imposed by [actor's belief under] |
|
|
Subsection (a)(2) does not apply to an actor who uses deadly force |
|
|
against a person who at the time of the use of deadly force is |
|
|
committing an offense involving the unlawful entry into the |
|
|
habitation of the actor [that the deadly force was immediately
|
|
|
necessary as described by that subdivision is presumed to be
|
|
|
reasonable if the actor:
|
|
|
[(1)
knew or had reason to believe that the person
|
|
|
against whom the deadly force was used:
|
|
|
[(A)
unlawfully and with force entered, or was
|
|
|
attempting to enter unlawfully and with force, the actor's occupied
|
|
|
habitation, vehicle, or place of business or employment;
|
|
|
[(B)
unlawfully and with force removed, or was
|
|
|
attempting to remove unlawfully and with force, the actor from the
|
|
|
actor's habitation, vehicle, or place of business or employment; or
|
|
|
[(C)
was committing or attempting to commit an
|
|
|
offense described by Subsection (a)(2)(B);
|
|
|
[(2)
did not provoke the person against whom the force
|
|
|
was used; and
|
|
|
[(3)
was not otherwise engaged in criminal activity,
|
|
|
other than a Class C misdemeanor that is a violation of a law or
|
|
|
ordinance regulating traffic at the time the force was used]. |
|
|
SECTION 3. Section 83.001, Civil Practice and Remedies |
|
|
Code, is amended to read as follows: |
|
|
Sec. 83.001. AFFIRMATIVE DEFENSE [CIVIL IMMUNITY]. It is |
|
|
an affirmative defense to a civil action for damages for personal |
|
|
injury or death that the [A] defendant, at the time the cause of |
|
|
action arose, was justified in using [who uses force or] deadly |
|
|
force under Section 9.32, Penal Code, against a person who at the |
|
|
time of the [that is justified under Chapter 9, Penal Code, is
|
|
|
immune from civil liability for personal injury or death that
|
|
|
results from the defendant's] use of [force or] deadly force was |
|
|
committing an offense involving the unlawful entry into the |
|
|
habitation of the defendant [, as applicable]. |
|
|
SECTION 4. Sections 9.01(5), 9.31(e) and (f), and 9.32(c) |
|
|
and (d), Penal Code, are repealed. |
|
|
SECTION 5. 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 6. Section 83.001, Civil Practice and Remedies |
|
|
Code, as amended by this Act, applies only to a cause of action that |
|
|
accrues on or after the effective date of this Act. A cause of |
|
|
action that accrues before the effective date of this Act is |
|
|
governed by the law applicable to the cause of action immediately |
|
|
before the effective date of this Act, and that law is continued in |
|
|
effect for that purpose. |
|
|
SECTION 7. This Act takes effect September 1, 2019. |