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| A BILL TO BE ENTITLED |
| AN ACT |
| relating to the use of deadly force in defense of a person or |
| property. |
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
| SECTION 1. Sections 9.32(a) and (c), Penal Code, are |
| amended to read as follows: |
| (a) A person is justified in using deadly force against |
| another if the actor: |
| (1) is [if the actor would be] justified in using force |
| against the other under Section 9.31; [and] |
| (2) is unable to safely retreat; and |
| (3) [when and to the degree the actor] reasonably |
| believes the deadly force is immediately necessary: |
| (A) to protect the actor against the other’s use |
| or attempted use of unlawful deadly force; or |
| (B) to prevent the other’s imminent commission of |
| aggravated kidnapping, murder, sexual assault, or aggravated |
| sexual assault[, robbery, or aggravated robbery]. |
| (c) Notwithstanding Subsection (a)(2), a [A] person who is |
| in the person’s own habitation [has a right to be present at the |
| location where the deadly force is used], who has not provoked the |
| person against whom the deadly force is used, and who is not engaged |
| in criminal activity at the time the deadly force is used is not |
| required to retreat before using deadly force as described by this |
| section. |
| SECTION 2. Section 9.41, Penal Code, is amended to read as |
| follows: |
| Sec. 9.41. PROTECTION OF ONE’S OWN PROPERTY. (a) A person |
| in lawful possession of land, including a habitation on the land, or |
| tangible, movable property is justified in using force against |
| another when and to the degree the actor reasonably believes the |
| force is immediately necessary to prevent or terminate the other’s |
| trespass on the land or unlawful interference with the property. |
| (b) A person unlawfully dispossessed of land, including a |
| habitation on the land, or tangible, movable property by another is |
| justified in using force against the other when and to the degree |
| the actor reasonably believes the force is immediately necessary to |
| reenter the land or recover the property if the actor uses the force |
| immediately or in fresh pursuit after the dispossession and: |
| (1) the actor reasonably believes the other had no |
| claim of right when he dispossessed the actor; or |
| (2) the other accomplished the dispossession by using |
| force, threat, or fraud against the actor. |
| SECTION 3. Section 9.42, Penal Code, is amended to read as |
| follows: |
| Sec. 9.42. DEADLY FORCE TO PROTECT PROPERTY. A person is |
| justified in using deadly force against another to protect land, |
| including a habitation on the land, or tangible, movable property |
| if the actor: |
| (1) is [if he would be] justified in using force |
| against the other under Section 9.41; [and] |
| (2) [when and to the degree he] reasonably believes |
| the deadly force is immediately necessary: |
| (A) to prevent the other’s imminent commission of |
| arson, burglary, robbery, aggravated robbery, theft during the |
| nighttime, or criminal mischief during the nighttime; or |
| (B) to prevent the other who is fleeing |
| immediately after committing burglary, robbery, aggravated |
| robbery, or theft during the nighttime from escaping with the |
| property; and |
| (3) [he] reasonably believes that: |
| (A) the land or property cannot be protected or |
| recovered by any other means; or |
| (B) the use of force other than deadly force to |
| protect or recover the land or property would expose the actor or |
| another to a substantial risk of death or serious bodily injury. |
| SECTION 4. Sections 9.32(b) and (d), Penal Code, are |
| repealed. |
| SECTION 5. The change in law made by this Act applies 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 6. This Act takes effect September 1, 2021. |