82R12881 NAJ-D
By: Harper-Brown H.B. No. 2526
A BILL TO BE ENTITLED
AN ACT
relating to the use of force or deadly force against another in
defense of a third person.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 9.33, Penal Code, is amended to read as
follows:
Sec. 9.33. DEFENSE OF THIRD PERSON. (a) A person is
justified in using force or deadly force against another to protect
a third person if:
(1) under the circumstances as the actor reasonably
believes them to be, the actor would be justified under Section 9.31
or 9.32 in using force or deadly force to protect himself against
the unlawful force or unlawful deadly force he reasonably believes
to be threatening the third person he seeks to protect; and
(2) the actor reasonably believes that his
intervention is immediately necessary to protect the third person.
(b) For purposes of this section, "third person" does not
include:
(1) a human embryo that exists outside of a woman's
body; or
(2) an unborn child unless the actor is a pregnant
woman who is carrying that child.
SECTION 2. This Act takes effect September 1, 2011.