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A BILL TO BE ENTITLED
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AN ACT
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relating to the use of deadly 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 9.42, Penal Code, is amended to read as |
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follows: |
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Sec. 9.42. DEADLY FORCE TO PROTECT PROPERTY. A person is |
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justified in using deadly force against another to protect land or |
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tangible, movable property: |
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(1) if the person [he] would be justified in using |
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force against the other under Section 9.41; [and] |
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(2) when and to the degree the person [he] reasonably |
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believes the deadly force is immediately necessary: |
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(A) to prevent the other's imminent commission of |
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arson, burglary, robbery, aggravated robbery, theft [during the |
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nighttime], or criminal mischief [during the nighttime]; or |
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(B) to prevent the other who is fleeing |
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immediately after committing burglary, robbery, aggravated |
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robbery, or theft [during the nighttime] from escaping with the |
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property; and |
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(3) if the person [he] reasonably believes that: |
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(A) the land or property cannot be protected or |
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recovered by any other means; or |
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(B) the use of force other than deadly force to |
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protect or recover the land or property would expose the actor or |
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another to a substantial risk of death or serious bodily injury. |
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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, 2025. |