BILL ANALYSIS S.B. 1416 By: Deuell Criminal Jurisprudence Committee Report (Unamended) BACKGROUND AND PURPOSE Current law establishes circumstances under which a person is justified in using force against another when and to the degree the actor reasonably believes force is immediately necessary in self-defense. However, interested parties note that there is a loophole under which a defendant who is a convicted felon could illegally possess and use a firearm against another and claim self-defense as a justification for using that force. S.B. 1416 seeks to close this loophole and to establish that the use of force by such a person is not justified under statutory provisions regarding self-defense. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS S.B. 1416 amends the Penal Code to establish that the use of force against another in self-defense is not justified if the actor sought an explanation from or discussion with the other person concerning the actor's differences with the other person while the actor was possessing a firearm in violation of the offense of unlawful possession of a firearm by a convicted felon. EFFECTIVE DATE September 1, 2013.
BILL ANALYSIS
# BILL ANALYSIS
S.B. 1416
By: Deuell
Criminal Jurisprudence
Committee Report (Unamended)
S.B. 1416
By: Deuell
Criminal Jurisprudence
Committee Report (Unamended)
BACKGROUND AND PURPOSE Current law establishes circumstances under which a person is justified in using force against another when and to the degree the actor reasonably believes force is immediately necessary in self-defense. However, interested parties note that there is a loophole under which a defendant who is a convicted felon could illegally possess and use a firearm against another and claim self-defense as a justification for using that force. S.B. 1416 seeks to close this loophole and to establish that the use of force by such a person is not justified under statutory provisions regarding self-defense.
RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS S.B. 1416 amends the Penal Code to establish that the use of force against another in self-defense is not justified if the actor sought an explanation from or discussion with the other person concerning the actor's differences with the other person while the actor was possessing a firearm in violation of the offense of unlawful possession of a firearm by a convicted felon.
EFFECTIVE DATE September 1, 2013.
BACKGROUND AND PURPOSE
Current law establishes circumstances under which a person is justified in using force against another when and to the degree the actor reasonably believes force is immediately necessary in self-defense. However, interested parties note that there is a loophole under which a defendant who is a convicted felon could illegally possess and use a firearm against another and claim self-defense as a justification for using that force. S.B. 1416 seeks to close this loophole and to establish that the use of force by such a person is not justified under statutory provisions regarding self-defense.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS
S.B. 1416 amends the Penal Code to establish that the use of force against another in self-defense is not justified if the actor sought an explanation from or discussion with the other person concerning the actor's differences with the other person while the actor was possessing a firearm in violation of the offense of unlawful possession of a firearm by a convicted felon.
EFFECTIVE DATE
September 1, 2013.