| 1 | 1 | | 85R2442 ADM-F |
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| 2 | 2 | | By: Coleman H.B. No. 2708 |
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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 deadly force in defense of a person or |
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| 8 | 8 | | property. |
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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. Section 9.41, Penal Code, is amended to read as |
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| 11 | 11 | | follows: |
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| 12 | 12 | | Sec. 9.41. PROTECTION OF ONE'S OWN PROPERTY. (a) A person |
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| 13 | 13 | | in lawful possession of land, including a habitation on the land, or |
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| 14 | 14 | | tangible, movable property is justified in using force against |
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| 15 | 15 | | another when and to the degree the actor reasonably believes the |
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| 16 | 16 | | force is immediately necessary to prevent or terminate the other's |
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| 17 | 17 | | trespass on the land or unlawful interference with the property. |
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| 18 | 18 | | (b) A person unlawfully dispossessed of land, including a |
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| 19 | 19 | | habitation on the land, or tangible, movable property by another is |
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| 20 | 20 | | justified in using force against the other when and to the degree |
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| 21 | 21 | | the actor reasonably believes the force is immediately necessary to |
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| 22 | 22 | | reenter the land or recover the property if the actor uses the force |
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| 23 | 23 | | immediately or in fresh pursuit after the dispossession and: |
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| 24 | 24 | | (1) the actor reasonably believes the other had no |
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| 25 | 25 | | claim of right when he dispossessed the actor; or |
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| 26 | 26 | | (2) the other accomplished the dispossession by using |
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| 27 | 27 | | force, threat, or fraud against the actor. |
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| 28 | 28 | | SECTION 2. Section 9.42, Penal Code, is amended to read as |
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| 29 | 29 | | follows: |
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| 30 | 30 | | Sec. 9.42. DEADLY FORCE TO PROTECT PROPERTY. A person is |
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| 31 | 31 | | justified in using deadly force against another to protect land, |
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| 32 | 32 | | including a habitation on the land, or tangible, movable property |
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| 33 | 33 | | if the actor: |
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| 34 | 34 | | (1) is [if he would be] justified in using force |
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| 35 | 35 | | against the other under Section 9.41; [and] |
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| 36 | 36 | | (2) [when and to the degree he] reasonably believes |
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| 37 | 37 | | the deadly force is immediately necessary: |
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| 38 | 38 | | (A) to prevent the other's imminent commission of |
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| 39 | 39 | | arson, burglary, robbery, aggravated robbery, theft during the |
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| 40 | 40 | | nighttime, or criminal mischief during the nighttime; or |
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| 41 | 41 | | (B) to prevent the other who is fleeing |
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| 42 | 42 | | immediately after committing burglary, robbery, aggravated |
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| 43 | 43 | | robbery, or theft during the nighttime from escaping with the |
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| 44 | 44 | | property; and |
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| 45 | 45 | | (3) [he] reasonably believes that: |
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| 46 | 46 | | (A) the land or property cannot be protected or |
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| 47 | 47 | | recovered by any other means; or |
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| 48 | 48 | | (B) the use of force other than deadly force to |
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| 49 | 49 | | protect or recover the land or property would expose the actor or |
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| 50 | 50 | | another to a substantial risk of death or serious bodily injury. |
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| 51 | 51 | | SECTION 3. Sections 9.32(a) and (c), Penal Code, are |
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| 52 | 52 | | amended to read as follows: |
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| 53 | 53 | | (a) A person is justified in using deadly force against |
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| 54 | 54 | | another if the actor: |
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| 55 | 55 | | (1) is [if the actor would be] justified in using force |
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| 56 | 56 | | against the other under Section 9.31; [and] |
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| 57 | 57 | | (2) is unable to safely retreat; and |
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| 58 | 58 | | (3) [when and to the degree the actor] reasonably |
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| 59 | 59 | | believes the deadly force is immediately necessary: |
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| 60 | 60 | | (A) to protect the actor against the other's use |
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| 61 | 61 | | or attempted use of unlawful deadly force; or |
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| 62 | 62 | | (B) to prevent the other's imminent commission of |
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| 63 | 63 | | aggravated kidnapping, murder, sexual assault, or aggravated |
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| 64 | 64 | | sexual assault[, robbery, or aggravated robbery]. |
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| 65 | 65 | | (c) A person who is in the person's own habitation and [has a |
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| 66 | 66 | | right to be present at the location where the deadly force is used,] |
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| 67 | 67 | | who has not provoked the person against whom the deadly force is |
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| 68 | 68 | | used[, and who is not engaged in criminal activity at the time the |
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| 69 | 69 | | deadly force is used] is not required to retreat before using deadly |
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| 70 | 70 | | force as described by this section. |
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| 71 | 71 | | SECTION 4. Sections 9.32(b) and (d), Penal Code, are |
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| 72 | 72 | | repealed. |
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| 73 | 73 | | SECTION 5. The change in law made by this Act applies only |
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| 74 | 74 | | to an offense committed on or after the effective date of this Act. |
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| 75 | 75 | | An offense committed before the effective date of this Act is |
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| 76 | 76 | | governed by the law in effect on the date the offense was committed, |
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| 77 | 77 | | and the former law is continued in effect for that purpose. For |
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| 78 | 78 | | purposes of this section, an offense was committed before the |
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| 79 | 79 | | effective date of this Act if any element of the offense occurred |
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| 80 | 80 | | before that date. |
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| 81 | 81 | | SECTION 6. This Act takes effect September 1, 2017. |
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