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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 in defense of a person. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 9.31(a), Penal Code, is amended to read |
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as follows: |
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(a) Except as provided in Subsection (b), a person is |
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justified in using force against another when and to the degree the |
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actor reasonably believes the force is immediately necessary to |
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protect the actor against the other's use or attempted use of |
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unlawful force. The actor's belief that the force was immediately |
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necessary as described by this subsection is presumed to be |
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reasonable if the actor: |
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(1) knew or had reason to believe that the person |
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against whom the force was used: |
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(A) unlawfully and with force entered, or was |
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attempting to enter unlawfully and with force, the actor's occupied |
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habitation, vehicle, or place of business or employment; |
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(B) unlawfully and with force removed, or was |
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attempting to remove unlawfully and with force, the actor from the |
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actor's habitation, vehicle, or place of business or employment; or |
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(C) was committing or attempting to commit |
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aggravated kidnapping, murder, sexual assault, aggravated sexual |
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assault, robbery, or aggravated robbery; |
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(2) did not provoke the person against whom the force |
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was used; [and] |
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(3) 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; and |
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(4) had received consent or otherwise had a right to be |
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present at the location where the force was used. |
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SECTION 2. Section 9.32(b), Penal Code, is amended to read |
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as follows: |
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(b) The actor's belief under Subsection (a)(2) that the |
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deadly force was immediately necessary as described by that |
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subdivision is presumed to be reasonable if the actor: |
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(1) knew or had reason to believe that the person |
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against whom the deadly force was used: |
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(A) unlawfully and with force entered, or was |
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attempting to enter unlawfully and with force, the actor's occupied |
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habitation, vehicle, or place of business or employment; |
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(B) unlawfully and with force removed, or was |
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attempting to remove unlawfully and with force, the actor from the |
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actor's habitation, vehicle, or place of business or employment; or |
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(C) was committing or attempting to commit an |
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offense described by Subsection (a)(2)(B); |
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(2) did not provoke the person against whom the force |
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was used; [and] |
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(3) 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; and |
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(4) had received consent or otherwise had a right to be |
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present at the location where the force was used. |
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SECTION 3. The changes in law made by this Act apply only to |
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an offense committed on or after the effective date of this Act. An |
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offense committed before the effective date of this Act is governed |
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by the law in effect on the date the offense was committed, and the |
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former law is continued in effect for that purpose. For purposes of |
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this section, an offense was committed before the effective date of |
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this Act if any element of the offense occurred before that date. |
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SECTION 4. This Act takes effect September 1, 2021. |