84R338 ADM-D
By: Johnson H.B. No. 155
A BILL TO BE ENTITLED
AN ACT
relating to the use of force in defense of property.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 9.41(b), Penal Code, is amended to read
as follows:
(b) A person unlawfully dispossessed of land or tangible,
movable property by another is justified in using force against the
other when and to the degree the actor reasonably believes the force
is immediately necessary to reenter the land or recover the
property if the actor:
(1) uses the force immediately or in fresh pursuit
after the dispossession and:
(A) [(1)] the actor reasonably believes the
other had no claim of right when he dispossessed the actor; or
(B) [(2)] the other accomplished the
dispossession by using force, threat, or fraud against the actor;
and
(2) was not otherwise engaged in criminal activity,
other than a Class C misdemeanor that is a violation of a law or
ordinance regulating traffic, at the time the force was used.
SECTION 2. 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 3. This Act takes effect September 1, 2015.