87R6697 JCG-D
By: Crockett H.B. No. 1750
A BILL TO BE ENTITLED
AN ACT
relating to the use of force or deadly force in defense of a person.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 9.31, Penal Code, is amended by adding
Subsection (g) to read as follows:
(g) For purposes of Subsection (a)(3), a finder of fact may
not consider the defense provided by Section 8.02 in determining
whether the actor was engaged in criminal activity at the time the
force was used.
SECTION 2. Section 9.32, Penal Code, is amended by adding
Subsection (e) to read as follows:
(e) For purposes of Subsection (b)(3), a finder of fact may
not consider the defense provided by Section 8.02 in determining
whether the actor was engaged in criminal activity at the time the
deadly force was used.
SECTION 3. The changes in law made by this Act apply 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 4. This Act takes effect September 1, 2021.