Bill Text: TX HB1627 | 2015-2016 | 84th 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) 2015-03-18 - Left pending in committee [HB1627 Detail]
Download: Texas-2015-HB1627-Introduced.html
84R7652 ADM-F | ||
By: Coleman | H.B. No. 1627 |
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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. 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 2. 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: | ||
(1) if the actor [ |
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against the other under Section 9.41; [ |
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(2) when and to the degree the actor [ |
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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) if the actor [ |
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(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 3. 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 [ |
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against the other under Section 9.31; [ |
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(2) is unable to safely retreat; and | ||
(3) [ |
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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[ |
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(c) A person who is in the person's own habitation and [ |
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who has not provoked the person against whom the deadly force is | ||
used[ |
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force as described by this section. | ||
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, 2015. |