| 1 | 1 | | 84R338 ADM-D |
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| 2 | 2 | | By: Johnson H.B. No. 155 |
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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 use of force in defense of property. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Section 9.41(b), Penal Code, is amended to read |
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| 10 | 10 | | as follows: |
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| 11 | 11 | | (b) A person unlawfully dispossessed of land or tangible, |
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| 12 | 12 | | movable property by another is justified in using force against the |
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| 13 | 13 | | other when and to the degree the actor reasonably believes the force |
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| 14 | 14 | | is immediately necessary to reenter the land or recover the |
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| 15 | 15 | | property if the actor: |
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| 16 | 16 | | (1) uses the force immediately or in fresh pursuit |
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| 17 | 17 | | after the dispossession and: |
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| 18 | 18 | | (A) [(1)] the actor reasonably believes the |
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| 19 | 19 | | other had no claim of right when he dispossessed the actor; or |
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| 20 | 20 | | (B) [(2)] the other accomplished the |
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| 21 | 21 | | dispossession by using force, threat, or fraud against the actor; |
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| 22 | 22 | | and |
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| 23 | 23 | | (2) was not otherwise engaged in criminal activity, |
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| 24 | 24 | | other than a Class C misdemeanor that is a violation of a law or |
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| 25 | 25 | | ordinance regulating traffic, at the time the force was used. |
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| 26 | 26 | | SECTION 2. The change in law made by this Act applies only |
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| 27 | 27 | | to an offense committed on or after the effective date of this Act. |
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| 28 | 28 | | An offense committed before the effective date of this Act is |
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| 29 | 29 | | governed by the law in effect on the date the offense was committed, |
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| 30 | 30 | | and the former law is continued in effect for that purpose. For |
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| 31 | 31 | | purposes of this section, an offense was committed before the |
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| 32 | 32 | | effective date of this Act if any element of the offense occurred |
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| 33 | 33 | | before that date. |
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| 34 | 34 | | SECTION 3. This Act takes effect September 1, 2015. |
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