Bill Text: TX HB987 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to use of force or deadly force in defense of a person.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-02-27 - Referred to Criminal Jurisprudence [HB987 Detail]
Download: Texas-2017-HB987-Introduced.html
85R4445 MAW-D | ||
By: Anchia | H.B. No. 987 |
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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. [ |
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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; [ |
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(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 [ |
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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 [ |
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SECTION 3. Section 83.001, Civil Practice and Remedies | ||
Code, is amended to read as follows: | ||
Sec. 83.001. AFFIRMATIVE DEFENSE [ |
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an affirmative defense to a civil action for damages for personal | ||
injury or death that the [ |
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action arose, was justified in using [ |
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force under Section 9.32, Penal Code, against a person who at the | ||
time of the [ |
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committing an offense involving the unlawful entry into the | ||
habitation of the defendant [ |
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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, 2017. |