Bill Text: TX SB1349 | 2013-2014 | 83rd 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 - Dead) 2013-03-13 - Referred to Criminal Justice [SB1349 Detail]
Download: Texas-2013-SB1349-Introduced.html
83R9800 MAW-F | ||
By: West | S.B. No. 1349 |
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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. Chapter 2, Code of Criminal Procedure, is | ||
amended by adding Articles 2.026 and 2.141 to read as follows: | ||
Art. 2.026. SPECIAL DUTY OF ATTORNEY REPRESENTING THE STATE | ||
RELATING TO DEFENSIVE USE OF DEADLY FORCE. If a person claims a | ||
justification under Subchapter C or D, Chapter 9, Penal Code, for an | ||
incident involving the use of deadly force against another, the | ||
attorney representing the state in the prosecution of felonies in | ||
the county in which the use of force occurred shall ensure that the | ||
incident is thoroughly investigated by an appropriate law | ||
enforcement agency and shall review the sufficiency of the | ||
investigation. | ||
Art. 2.141. LAW ENFORCEMENT INVESTIGATION OF INCIDENT | ||
INVOLVING DEFENSIVE USE OF DEADLY FORCE. (a) In this article, "law | ||
enforcement agency" means an agency of the state, a county, or a | ||
municipality that employs peace officers and investigates offenses | ||
under Title 5, Penal Code. | ||
(b) A law enforcement agency shall adopt a written policy | ||
regarding the investigation of an incident in which a person claims | ||
a justification under Subchapter C or D, Chapter 9, Penal Code, for | ||
the use of deadly force against another. The policy must state that | ||
the claim of a justification does not prohibit a peace officer | ||
employed by the agency from: | ||
(1) investigating an incident in which deadly force is | ||
used, including taking possession of any weapon or firearm used in | ||
the incident; or | ||
(2) questioning or taking into custody the person who | ||
used deadly force. | ||
SECTION 2. Subchapter C, Chapter 72, Government Code, is | ||
amended by adding Section 72.031 to read as follows: | ||
Sec. 72.031. COLLECTION OF DATA RELATING TO INCIDENTS | ||
INVOLVING DEFENSIVE USE OF DEADLY FORCE. (a) The office shall | ||
collect and maintain data from law enforcement agencies and | ||
district and county attorneys relating to incidents in which a | ||
person claims a justification under Subchapter C or D, Chapter 9, | ||
Penal Code, for the use of deadly force against another. The data | ||
must include information regarding the outcome of any law | ||
enforcement investigation and the disposition of any charges | ||
resulting from the incident. | ||
(b) Not later than December 1 of each even-numbered year, | ||
the office shall file a report containing the data collected under | ||
Subsection (a) for the preceding state fiscal biennium with the | ||
governor, the lieutenant governor, the speaker of the house of | ||
representatives, and the presiding officer of the standing | ||
committee of each house of the legislature with jurisdiction over | ||
criminal justice. | ||
SECTION 3. Section 9.32, Penal Code, is amended by adding | ||
Subsection (b-1) to read as follows: | ||
(b-1) For purposes of Subsection (a)(2), in determining | ||
whether an actor reasonably believed that the use of deadly force | ||
was necessary, a finder of fact may consider: | ||
(1) the physical proximity of the actor to the person | ||
against whom the deadly force was used; | ||
(2) whether the person against whom the deadly force | ||
was used exhibited or used a weapon; and | ||
(3) whether the person against whom the deadly force | ||
was used was fleeing or retreating at the time the force was used. | ||
SECTION 4. 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 or | ||
tangible, movable property: | ||
(1) if he would be justified in using force against the | ||
other under Section 9.41; [ |
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(2) when and to the degree he reasonably believes the | ||
deadly force is immediately necessary[ |
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of arson, burglary, robbery, aggravated robbery, theft during the | ||
nighttime, or criminal mischief during the nighttime; [ |
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(3) if he reasonably believes that: | ||
(A) the land or property cannot be protected [ |
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(B) the use of force other than deadly force to | ||
protect [ |
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another to a substantial risk of death or serious bodily injury. | ||
SECTION 5. Section 9.43, Penal Code, is amended to read as | ||
follows: | ||
Sec. 9.43. PROTECTION OF THIRD PERSON'S PROPERTY. A person | ||
is justified in using force [ |
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protect land or tangible, movable property of a third person if, | ||
under the circumstances as he reasonably believes them to be, the | ||
actor would be justified under Section 9.41 [ |
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(1) the actor reasonably believes the unlawful | ||
interference constitutes attempted or consummated theft of or | ||
criminal mischief to the tangible, movable property; or | ||
(2) the actor reasonably believes that: | ||
(A) the third person has requested his protection | ||
of the land or property; | ||
(B) he has a legal duty to protect the third | ||
person's land or property; or | ||
(C) the third person whose land or property he | ||
uses force [ |
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parent, or child, resides with the actor, or is under the actor's | ||
care. | ||
SECTION 6. Not later than January 1, 2014, a law enforcement | ||
agency shall adopt and implement a policy required by Article | ||
2.141, Code of Criminal Procedure, as added by this Act. | ||
SECTION 7. 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 8. This Act takes effect September 1, 2013. |