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� S.B.�No.�378
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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 9.01, Penal Code, is amended by adding
� Subdivisions (4) and (5) to read as follows:
� �������������(4)��"Habitation" has the meaning assigned by Section
� 30.01.
� �������������(5)��"Vehicle" has the meaning assigned by Section
� 30.01.
� �������SECTION�2.��Section 9.31, Penal Code, is amended by amending
� Subsection (a) and adding Subsections (e) and (f) 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�[he] reasonably believes the force is immediately necessary
� to protect the actor�[himself] 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.
� �������(e)��A person who has a right to be present at the location
� where the force is used, who has not provoked the person against
� whom the force is used, and who is not engaged in criminal activity
� at the time the force is used is not required to retreat before
� using force as described by this section.
� �������(f)��For purposes of Subsection (a), in determining whether
� an actor described by Subsection (e) reasonably believed that the
� use of force was necessary, a finder of fact may not consider
� whether the actor failed to retreat.
� �������SECTION�3.��Section 9.32, Penal Code, is amended to read as
� follows:
� �������Sec.�9.32.��DEADLY FORCE IN DEFENSE OF PERSON. �(a)��A person
� is justified in using deadly force against another:
� �������������(1)��if the actor [he] would be justified in using force
� against the other under Section 9.31; and
� �������������(2)��[if a reasonable person in the actor's situation
� would not have retreated; and
� �������������[(3)]��when and to the degree the actor [he] reasonably
� believes the deadly force is immediately necessary:
� �������������������(A)��to protect the actor [himself] 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, aggravated sexual
� assault, robbery, or aggravated robbery.
� �������(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�
� [requirement imposed by Subsection (a)(2) does not apply to an actor
� who uses force against a person who is at the time of the use of
� force committing an offense of unlawful entry in the habitation of
� the actor].
� �������(c)��A person who 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.
� �������(d)��For purposes of Subsection (a)(2), in determining
� whether an actor described by Subsection (c) reasonably believed
� that the use of deadly force was necessary, a finder of fact may not
� consider whether the actor failed to retreat.
� �������SECTION�4.��Section 83.001, Civil Practice and Remedies
� Code, is amended to read as follows:
� �������Sec.�83.001.��CIVIL IMMUNITY [AFFIRMATIVE DEFENSE]. A [It
� is an affirmative defense to a civil action for damages for personal
� injury or death that the] defendant who uses force or[, at the time
� the cause of action arose, was justified in using] deadly force that
� is justified under Chapter 9�[Section 9.32], Penal Code, is immune
� from civil liability for personal injury or death that results from
� the defendant's [against a person who at the time of the] use of
� force or deadly force, as applicable [was committing an offense of
� unlawful entry in the habitation of the defendant].
� �������SECTION�5.��(a)��Sections 9.31 and 9.32, Penal Code, as
� amended 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 covered by the law in effect when the
� offense was committed, and the former law is continued in effect for
� this purpose. �For the purposes of this subsection, an offense is
� committed before the effective date of this Act if any element of
� the offense occurs before the effective date.
� �������(b)��Section 83.001, Civil Practice and Remedies Code, as
� amended by this Act, applies only to a cause of action that accrues
� on or after the effective date of this Act. �An action that accrued
� before the effective date of this Act is governed by the law in
� effect at the time the action accrued, and that law is continued in
� effect for that purpose.
� �������SECTION�6.��This Act takes effect September 1, 2007.
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� ______________________________ ______________________________
� ���President of the Senate Speaker of the House�����
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� �������I hereby certify that S.B.�No.�378 passed the Senate on
� March�13,�2007, by the following vote:��Yeas�30, Nays�0.
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� ______________________________
� Secretary of the Senate����
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� �������I hereby certify that S.B.�No.�378 passed the House on
� March�20,�2007, by the following vote:��Yeas�133, Nays�13, one
� present not voting.
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� ______________________________
� Chief Clerk of the House���
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� Approved:
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� ______________________________�
� ������������Date
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� ______________________________�
� ����������Governor
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