Bill Text: TX HB196 | 2021-2022 | 87th Legislature | Introduced


Bill Title: Relating to the use of deadly force in defense of a person or property.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2020-11-09 - Filed [HB196 Detail]

Download: Texas-2021-HB196-Introduced.html
  87R1395 JCG-D
 
  By: Meza H.B. No. 196
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the use of deadly force in defense of a person or
  property.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Sections 9.32(a) and (c), Penal Code, are
  amended to read as follows:
         (a)  A person is justified in using deadly force against
  another if the actor:
               (1)  is [if the actor would be] justified in using force
  against the other under Section 9.31; [and]
               (2)  is unable to safely retreat; 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, or aggravated
  sexual assault[, robbery, or aggravated robbery].
         (c)  Notwithstanding Subsection (a)(2), a [A] person who is
  in the person's own habitation [has a right to be present at the
  location where the deadly force is used], who has not provoked the
  person against whom the deadly force is used, and who is not engaged
  in criminal activity at the time the deadly force is used is not
  required to retreat before using deadly force as described by this
  section.
         SECTION 2.  Section 9.41, Penal Code, is amended to read as
  follows:
         Sec. 9.41.  PROTECTION OF ONE'S OWN PROPERTY. (a) A person
  in lawful possession of land, including a habitation on the land, or
  tangible, movable property is justified in using force against
  another when and to the degree the actor reasonably believes the
  force is immediately necessary to prevent or terminate the other's
  trespass on the land or unlawful interference with the property.
         (b)  A person unlawfully dispossessed of land, including a
  habitation on the land, or tangible, movable property by another is
  justified in using force against the other when and to the degree
  the actor reasonably believes the force is immediately necessary to
  reenter the land or recover the property if the actor uses the force
  immediately or in fresh pursuit after the dispossession and:
               (1)  the actor reasonably believes the other had no
  claim of right when he dispossessed the actor; or
               (2)  the other accomplished the dispossession by using
  force, threat, or fraud against the actor.
         SECTION 3.  Section 9.42, Penal Code, is amended to read as
  follows:
         Sec. 9.42.  DEADLY FORCE TO PROTECT PROPERTY. A person is
  justified in using deadly force against another to protect land,
  including a habitation on the land, or tangible, movable property
  if the actor:
               (1)  is [if he would be] justified in using force
  against the other under Section 9.41; [and]
               (2)  [when and to the degree he] reasonably believes
  the deadly force is immediately necessary:
                     (A)  to prevent the other's imminent commission of
  arson, burglary, robbery, aggravated robbery, theft during the
  nighttime, or criminal mischief during the nighttime; or
                     (B)  to prevent the other who is fleeing
  immediately after committing burglary, robbery, aggravated
  robbery, or theft during the nighttime from escaping with the
  property; and
               (3)  [he] reasonably believes that:
                     (A)  the land or property cannot be protected or
  recovered by any other means; or
                     (B)  the use of force other than deadly force to
  protect or recover the land or property would expose the actor or
  another to a substantial risk of death or serious bodily injury.
         SECTION 4.  Sections 9.32(b) 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.  This Act takes effect September 1, 2021.
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