Texas 2025 - 89th Regular

Texas House Bill HB3267 Compare Versions

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

Old	New	Differences
1	1	89R11197 JCG-D
2	2	By: A. Davis of Dallas H.B. No. 3267
3	3
4	4
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the use of force or deadly force in defense of a person.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 9.31(a), Penal Code, is amended to read
12	12	as follows:
13	13	(a) Except as provided in Subsection (b), a person is
14	14	justified in using force against another when and to the degree the
15	15	actor reasonably believes the force is immediately necessary to
16	16	protect the actor against the other's use or attempted use of
17	17	unlawful force. The actor's belief that the force was immediately
18	18	necessary as described by this subsection is presumed to be
19	19	reasonable if the actor:
20	20	(1) knew or had reason to believe that the person
21	21	against whom the force was used:
22	22	(A) unlawfully and with force entered, or was
23	23	attempting to enter unlawfully and with force, the actor's occupied
24	24	habitation, vehicle, or place of business or employment or any
25	25	other building or vehicle in which the actor was lawfully present;
26	26	(B) unlawfully and with force removed, or was
27	27	attempting to remove unlawfully and with force, the actor from the
28	28	actor's habitation, vehicle, or place of business or employment or
29	29	any other location where the actor was lawfully present; or
30	30	(C) was committing or attempting to commit
31	31	aggravated kidnapping, murder, sexual assault, aggravated sexual
32	32	assault, robbery, or aggravated robbery;
33	33	(2) did not provoke the person against whom the force
34	34	was used; and
35	35	(3) was not otherwise engaged in criminal activity,
36	36	other than a Class C misdemeanor that is a violation of a law or
37	37	ordinance regulating traffic at the time the force was used.
38	38	SECTION 2. Section 9.32(b), Penal Code, is amended to read
39	39	as follows:
40	40	(b) The actor's belief under Subsection (a)(2) that the
41	41	deadly force was immediately necessary as described by that
42	42	subdivision is presumed to be reasonable if the actor:
43	43	(1) knew or had reason to believe that the person
44	44	against whom the deadly force was used:
45	45	(A) unlawfully and with force entered, or was
46	46	attempting to enter unlawfully and with force, the actor's occupied
47	47	habitation, vehicle, or place of business or employment or any
48	48	other building or vehicle in which the actor was lawfully present;
49	49	(B) unlawfully and with force removed, or was
50	50	attempting to remove unlawfully and with force, the actor from the
51	51	actor's habitation, vehicle, or place of business or employment or
52	52	any other location where the actor was lawfully present; or
53	53	(C) was committing or attempting to commit an
54	54	offense described by Subsection (a)(2)(B);
55	55	(2) did not provoke the person against whom the force
56	56	was used; and
57	57	(3) was not otherwise engaged in criminal activity,
58	58	other than a Class C misdemeanor that is a violation of a law or
59	59	ordinance regulating traffic at the time the force was used.
60	60	SECTION 3. The changes in law made by this Act apply only to
61	61	an offense committed on or after the effective date of this Act. An
62	62	offense committed before the effective date of this Act is governed
63	63	by the law in effect on the date the offense was committed, and the
64	64	former law is continued in effect for that purpose. For purposes of
65	65	this section, an offense was committed before the effective date of
66	66	this Act if any element of the offense occurred before that date.
67	67	SECTION 4. This Act takes effect September 1, 2025.