| 1 | 1 | | By: Deuell S.B. No. 1416 |
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| 2 | 2 | | (Flynn) |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the determination of whether a use of force against |
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| 8 | 8 | | another is justified. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subsection (b), Section 9.31, Penal Code, is |
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| 11 | 11 | | amended to read as follows: |
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| 12 | 12 | | (b) The use of force against another is not justified: |
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| 13 | 13 | | (1) in response to verbal provocation alone; |
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| 14 | 14 | | (2) to resist an arrest or search that the actor knows |
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| 15 | 15 | | is being made by a peace officer, or by a person acting in a peace |
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| 16 | 16 | | officer's presence and at his direction, even though the arrest or |
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| 17 | 17 | | search is unlawful, unless the resistance is justified under |
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| 18 | 18 | | Subsection (c); |
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| 19 | 19 | | (3) if the actor consented to the exact force used or |
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| 20 | 20 | | attempted by the other; |
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| 21 | 21 | | (4) if the actor provoked the other's use or attempted |
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| 22 | 22 | | use of unlawful force, unless: |
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| 23 | 23 | | (A) the actor abandons the encounter, or clearly |
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| 24 | 24 | | communicates to the other his intent to do so reasonably believing |
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| 25 | 25 | | he cannot safely abandon the encounter; and |
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| 26 | 26 | | (B) the other nevertheless continues or attempts |
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| 27 | 27 | | to use unlawful force against the actor; or |
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| 28 | 28 | | (5) if the actor sought an explanation from or |
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| 29 | 29 | | discussion with the other person concerning the actor's differences |
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| 30 | 30 | | with the other person while the actor was: |
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| 31 | 31 | | (A) carrying a weapon in violation of Section |
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| 32 | 32 | | 46.02; [or] |
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| 33 | 33 | | (B) possessing or transporting a weapon in |
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| 34 | 34 | | violation of Section 46.05; or |
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| 35 | 35 | | (C) possessing a firearm in violation of Section |
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| 36 | 36 | | 46.04. |
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| 37 | 37 | | SECTION 2. The change in law made by this Act applies only |
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| 38 | 38 | | to an offense committed on or after the effective date of this Act. |
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| 39 | 39 | | An offense committed before the effective date of this Act is |
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| 40 | 40 | | governed by the law in effect on the date the offense was committed, |
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| 41 | 41 | | and the former law is continued in effect for that purpose. For |
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| 42 | 42 | | purposes of this section, an offense was committed before the |
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| 43 | 43 | | effective date of this Act if any element of the offense occurred |
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| 44 | 44 | | before that date. |
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| 45 | 45 | | SECTION 3. This Act takes effect September 1, 2013. |
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