Texas House Bill HB3267

Texas 2025 - 89th Regular

• Filed: 2/25/25

Caption

Relating to the use of force or deadly force in defense of a person.

Impact

The modifications proposed in HB3267 are significant. They reinforce the presumption that individuals acting in self-defense have a reasonable belief of necessity under specified circumstances, which include unlawful entry into occupied spaces and attempts to remove the individual from their rightful property. This could potentially increase the instances where individuals employ deadly force under self-defense claims, thus influencing law enforcement practices, prosecution of violent crimes, and resulting judicial interpretations in self-defense cases throughout the state.

Summary

House Bill 3267 is a legislative proposal focused on the use of force and deadly force in defense of a person in the state of Texas. The bill seeks to amend sections of the Penal Code, specifically sections 9.31 and 9.32, outlining the conditions under which individuals can resort to force or deadly force to protect themselves or their property. The central premise of the bill asserts that individuals are justified in using such force when they believe it is immediately necessary to prevent unlawful actions against them, such as unlawful entry or physical assault.

Contention

Notable points of contention surrounding HB3267 include concerns over public safety and the potential for increased instances of violence. Critics worry that amplifying the laws governing self-defense could lead to misunderstandings of the law by the general public, resulting in improper applications of force. Furthermore, there are apprehensions regarding the balance between personal safety and community safety, as broader justification for deadly force might escalate violent confrontations rather than deter them, leading to increased legal and societal implications that are still to be understood as the bill progresses.

Texas Constitutional Statutes Affected

Penal Code

• Chapter 9. Justification Excluding Criminal Responsibility
  • Section: 31
  • Section: 32