Texas 2017 - 85th Regular

Texas House Bill HB987 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85R4445 MAW-D
2	2	By: Anchia H.B. No. 987
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to use of force or deadly force in defense of a person.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 9.31(a), Penal Code, is amended to read
10	10	as follows:
11	11	(a) Except as provided in Subsection (b), a person is
12	12	justified in using force against another when and to the degree the
13	13	actor reasonably believes the force is immediately necessary to
14	14	protect the actor against the other's use or attempted use of
15	15	unlawful force. [The actor's belief that the force was immediately
16	16	necessary as described by this subsection is presumed to be
17	17	reasonable if the actor:
18	18	[(1) knew or had reason to believe that the person
19	19	against whom the force was used:
20	20	[(A) unlawfully and with force entered, or was
21	21	attempting to enter unlawfully and with force, the actor's occupied
22	22	habitation, vehicle, or place of business or employment;
23	23	[(B) unlawfully and with force removed, or was
24	24	attempting to remove unlawfully and with force, the actor from the
25	25	actor's habitation, vehicle, or place of business or employment; or
26	26	[(C) was committing or attempting to commit
27	27	aggravated kidnapping, murder, sexual assault, aggravated sexual
28	28	assault, robbery, or aggravated robbery;
29	29	[(2) did not provoke the person against whom the force
30	30	was used; and
31	31	[(3) was not otherwise engaged in criminal activity,
32	32	other than a Class C misdemeanor that is a violation of a law or
33	33	ordinance regulating traffic at the time the force was used.]
34	34	SECTION 2. Sections 9.32(a) and (b), Penal Code, are
35	35	amended to read as follows:
36	36	(a) A person is justified in using deadly force against
37	37	another:
38	38	(1) if the actor would be justified in using force
39	39	against the other under Section 9.31; [and]
40	40	(2) if a reasonable person in the actor's situation
41	41	would not have retreated; and
42	42	(3) when and to the degree the actor reasonably
43	43	believes the deadly force is immediately necessary:
44	44	(A) to protect the actor against the other's use
45	45	or attempted use of unlawful deadly force; or
46	46	(B) to prevent the other's imminent commission of
47	47	aggravated kidnapping, murder, sexual assault, aggravated sexual
48	48	assault, robbery, or aggravated robbery.
49	49	(b) The requirement imposed by [actor's belief under]
50	50	Subsection (a)(2) does not apply to an actor who uses deadly force
51	51	against a person who at the time of the use of deadly force is
52	52	committing an offense involving the unlawful entry into the
53	53	habitation of the actor [that the deadly force was immediately
54	54	necessary as described by that subdivision is presumed to be
55	55	reasonable if the actor:
56	56	[(1) knew or had reason to believe that the person
57	57	against whom the deadly force was used:
58	58	[(A) unlawfully and with force entered, or was
59	59	attempting to enter unlawfully and with force, the actor's occupied
60	60	habitation, vehicle, or place of business or employment;
61	61	[(B) unlawfully and with force removed, or was
62	62	attempting to remove unlawfully and with force, the actor from the
63	63	actor's habitation, vehicle, or place of business or employment; or
64	64	[(C) was committing or attempting to commit an
65	65	offense described by Subsection (a)(2)(B);
66	66	[(2) did not provoke the person against whom the force
67	67	was used; and
68	68	[(3) was not otherwise engaged in criminal activity,
69	69	other than a Class C misdemeanor that is a violation of a law or
70	70	ordinance regulating traffic at the time the force was used].
71	71	SECTION 3. Section 83.001, Civil Practice and Remedies
72	72	Code, is amended to read as follows:
73	73	Sec. 83.001. AFFIRMATIVE DEFENSE [CIVIL IMMUNITY]. It is
74	74	an affirmative defense to a civil action for damages for personal
75	75	injury or death that the [A] defendant, at the time the cause of
76	76	action arose, was justified in using [who uses force or] deadly
77	77	force under Section 9.32, Penal Code, against a person who at the
78	78	time of the [that is justified under Chapter 9, Penal Code, is
79	79	immune from civil liability for personal injury or death that
80	80	results from the defendant's] use of [force or] deadly force was
81	81	committing an offense involving the unlawful entry into the
82	82	habitation of the defendant [, as applicable].
83	83	SECTION 4. Sections 9.01(5), 9.31(e) and (f), and 9.32(c)
84	84	and (d), Penal Code, are repealed.
85	85	SECTION 5. The change in law made by this Act applies only
86	86	to an offense committed on or after the effective date of this Act.
87	87	An offense committed before the effective date of this Act is
88	88	governed by the law in effect on the date the offense was committed,
89	89	and the former law is continued in effect for that purpose. For
90	90	purposes of this section, an offense was committed before the
91	91	effective date of this Act if any element of the offense occurred
92	92	before that date.
93	93	SECTION 6. Section 83.001, Civil Practice and Remedies
94	94	Code, as amended by this Act, applies only to a cause of action that
95	95	accrues on or after the effective date of this Act. A cause of
96	96	action that accrues before the effective date of this Act is
97	97	governed by the law applicable to the cause of action immediately
98	98	before the effective date of this Act, and that law is continued in
99	99	effect for that purpose.
100	100	SECTION 7. This Act takes effect September 1, 2017.