83R9800 MAW-F
By: West S.B. No. 1349
A BILL TO BE ENTITLED
AN ACT
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; [and]
(2) when and to the degree he reasonably 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 he reasonably believes that:
(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 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 [or deadly force] against another to
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 [or 9.42] in using force
[or deadly force] to protect his own land or property and:
(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 [or deadly force] to protect is the actor's spouse,
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.