Relating to use of force or deadly force in defense of a person.
Impact
The legislation aims to clarify and strengthen self-defense rights, effectively altering current standards for when individuals can justifiably use deadly force. The bill removes the requirement for an individual to retreat before using deadly force, which could significantly influence outcomes in self-defense cases. This change intends to align the law more closely with the perspectives held by advocates of expanded self-defense rights, asserting that individuals should not be obligated to retreat when faced with imminent threats to their safety.
Summary
House Bill 987 proposes amendments to the Texas Penal Code regarding the use of force and deadly force in defense of a person. The bill delineates specific circumstances under which individuals are justified in using force, particularly deadly force, to protect themselves against unlawful actions such as unlawful entry into their habitation or the imminent commission of severe felonies including murder and sexual assault. Notably, it presumes the actor's belief in the necessity of force as reasonable if certain conditions regarding the situation are met.
Contention
Opposition to HB 987 may stem from concerns regarding potential misuse of the self-defense provisions, particularly in urban areas where crime dynamics differ. Critics argue that the bill could lead to an increase in violent confrontations justified under self-defense claims, complicating law enforcement and judicial processes surrounding cases of deadly force. Additionally, there are worries that the broadening of self-defense rights could disproportionately affect marginalized communities, raising concerns about equity and public safety.
Last_action
The bill was last referred to the Criminal Jurisprudence Committee on February 27, 2017, where further discussion and evaluation of its implications are expected.
Relating to certain criminal conduct involving agricultural land, including the justified use of force or deadly force to protect agricultural land from that conduct, and to civil liability arising out of certain justified threats to use force or deadly force; creating a criminal offense.
Relating to prohibiting the carrying of a firearm by a member of a criminal street gang while engaged in certain criminal activity; creating a criminal offense; changing the eligibility for community supervision.