87R21401 JCG-D
By: Crockett, Sherman, Sr., Patterson, H.B. No. 1750
Reynolds, Cook
Substitute the following for H.B. No. 1750:
By: Collier C.S.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(a), Penal Code, is amended to read
as follows:
(a) Except as provided in Subsection (b), a person is
justified in using force against another when and to the degree the
actor reasonably believes the force is immediately necessary to
protect the actor against the other's use or attempted use of
unlawful force. The actor's belief that the force was immediately
necessary as described by this subsection is presumed to be
reasonable if the actor:
(1) knew or had reason to believe that the person
against whom the force was used:
(A) unlawfully and with force entered, or was
attempting to enter unlawfully and with force, the actor's occupied
habitation, vehicle, or place of business or employment;
(B) unlawfully and with force removed, or was
attempting to remove unlawfully and with force, the actor from the
actor's habitation, vehicle, or place of business or employment; or
(C) was committing or attempting to commit
aggravated kidnapping, murder, sexual assault, aggravated sexual
assault, robbery, or aggravated robbery;
(2) did not provoke the person against whom the force
was used; [and]
(3) was not otherwise engaged in criminal activity,
other than a Class C misdemeanor that is a violation of a law or
ordinance regulating traffic at the time the force was used; and
(4) had received consent or otherwise had a right to be
present at the location where the force was used.
SECTION 2. Section 9.32(b), Penal Code, is amended to read
as follows:
(b) The actor's belief under Subsection (a)(2) that the
deadly force was immediately necessary as described by that
subdivision is presumed to be reasonable if the actor:
(1) knew or had reason to believe that the person
against whom the deadly force was used:
(A) unlawfully and with force entered, or was
attempting to enter unlawfully and with force, the actor's occupied
habitation, vehicle, or place of business or employment;
(B) unlawfully and with force removed, or was
attempting to remove unlawfully and with force, the actor from the
actor's habitation, vehicle, or place of business or employment; or
(C) was committing or attempting to commit an
offense described by Subsection (a)(2)(B);
(2) did not provoke the person against whom the force
was used; [and]
(3) was not otherwise engaged in criminal activity,
other than a Class C misdemeanor that is a violation of a law or
ordinance regulating traffic at the time the force was used; and
(4) had received consent or otherwise had a right to be
present at the location where the 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.