85R2442 ADM-F
By: Coleman H.B. No. 2708
A BILL TO BE ENTITLED
AN ACT
relating to the use of deadly force in defense of a person or
property.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 9.41, Penal Code, is amended to read as
follows:
Sec. 9.41. PROTECTION OF ONE'S OWN PROPERTY. (a) A person
in lawful possession of land, including a habitation on the land, or
tangible, movable property is justified in using force against
another when and to the degree the actor reasonably believes the
force is immediately necessary to prevent or terminate the other's
trespass on the land or unlawful interference with the property.
(b) A person unlawfully dispossessed of land, including a
habitation on the 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 uses the force
immediately or in fresh pursuit after the dispossession and:
(1) the actor reasonably believes the other had no
claim of right when he dispossessed the actor; or
(2) the other accomplished the dispossession by using
force, threat, or fraud against the actor.
SECTION 2. Section 9.42, Penal Code, is amended to read as
follows:
Sec. 9.42. DEADLY FORCE TO PROTECT PROPERTY. A person is
justified in using deadly force against another to protect land,
including a habitation on the land, or tangible, movable property
if the actor:
(1) is [if he would be] justified in using force
against the other under Section 9.41; [and]
(2) [when and to the degree he] reasonably believes
the deadly force is immediately necessary:
(A) to prevent the other's imminent commission of
arson, burglary, robbery, aggravated robbery, theft during the
nighttime, or criminal mischief during the nighttime; or
(B) to prevent the other who is fleeing
immediately after committing burglary, robbery, aggravated
robbery, or theft during the nighttime from escaping with the
property; and
(3) [he] reasonably believes that:
(A) the land or property cannot be protected or
recovered by any other means; or
(B) the use of force other than deadly force to
protect or recover the land or property would expose the actor or
another to a substantial risk of death or serious bodily injury.
SECTION 3. Sections 9.32(a) and (c), Penal Code, are
amended to read as follows:
(a) A person is justified in using deadly force against
another if the actor:
(1) is [if the actor would be] justified in using force
against the other under Section 9.31; [and]
(2) is unable to safely retreat; and
(3) [when and to the degree the actor] reasonably
believes the deadly force is immediately necessary:
(A) to protect the actor against the other's use
or attempted use of unlawful deadly force; or
(B) to prevent the other's imminent commission of
aggravated kidnapping, murder, sexual assault, or aggravated
sexual assault[, robbery, or aggravated robbery].
(c) A person who is in the person's own habitation and [has a
right to be present at the location where the deadly force is used,]
who has not provoked the person against whom the deadly force is
used[, and who is not engaged in criminal activity at the time the
deadly force is used] is not required to retreat before using deadly
force as described by this section.
SECTION 4. Sections 9.32(b) and (d), Penal Code, are
repealed.
SECTION 5. 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 6. This Act takes effect September 1, 2017.