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A BILL TO BE ENTITLED
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AN ACT
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relating to the use of deadly force in defense of a person or |
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residence. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 9.45, Penal Code, is added to read as |
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follows: |
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Sec. 9.45. DEADLY FORCE TO PROTECT ONE'S OWN HABITATION |
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A person is justified in using deadly force against another |
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to protect one's own habitation: |
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(1) if he would be justified in using force against the |
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other under Section 9.41; and |
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(2) when and to the degree he reasonably believes the |
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deadly force is immediately necessary: |
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(A) to prevent the other's imminent commission of |
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arson, burglary, robbery, aggravated robbery, theft during the |
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nighttime, or criminal mischief during the nighttime; or |
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(B) to prevent the other who is fleeing |
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immediately after committing burglary, robbery, aggravated |
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robbery, or theft during the nighttime from escaping with the |
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property; and |
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(3) he reasonably believes that: |
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(A) the habitation cannot be protected by any |
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other means; or |
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(B) the use of force other than deadly force to |
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protect the habitation would expose the actor or another to a |
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substantial risk of death or serious bodily injury. |
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SECTION 2. Section 9.33, Penal Code, is amended to read as |
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follows: |
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Sec. 9.33. DEFENSE OF THIRD PERSON. (a) A person is |
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justified in using force [or deadly force] against another to |
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protect a third person if: |
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(1) under the circumstances as the actor reasonably |
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believes them to be, the actor would be justified under Section 9.31 |
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[or 9.32] in using force [or deadly force] to protect the actor |
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[himself] against the unlawful force the actor [or unlawful deadly
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force he] reasonably believes to be threatening the third person |
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the actor [he] seeks to protect; and |
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(2) the actor reasonably believes that the actor's |
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[his] intervention is immediately necessary to protect the third |
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person. |
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(b) A person is justified in using deadly force against |
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another to protect a third person if: |
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(1) under the circumstances, the actor would be |
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justified under Section 9.32 in using deadly force to protect the |
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actor against the unlawful deadly force the actor is substantially |
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certain is threatening the third person the actor seeks to protect; |
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and |
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(2) the actor is substantially certain that the |
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actor's intervention is immediately necessary to protect the third |
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person. |
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SECTION 3. Section 9.32, Penal Code, is amended to read as |
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follows: |
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Sec. 9.32. DEADLY FORCE IN DEFENSE OF PERSON. (a) A person |
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is justified in using deadly force against another if the actor is: |
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(1) [if the actor would be] justified in using force |
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against the other under Section 9.31; [and] |
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(2) unable to safely retreat; and |
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(3) substantially certain [when and to the degree the
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actor reasonably believes] the deadly force is immediately |
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necessary: |
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(A) to protect the actor against the other's use |
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or attempted use of unlawful deadly force; or |
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(B) to prevent the other's imminent commission of |
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aggravated kidnapping, murder, sexual assault, or aggravated |
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sexual assault[, robbery, or aggravated robbery]. |
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(b) [The actor's belief under Subsection (a)(2) that the
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deadly force was immediately necessary as described by that
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subdivision is presumed to be reasonable if the actor:
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[(1)
knew or had reason to believe that the person
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against whom the deadly force was used:
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[(A)
unlawfully and with force entered, or was
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attempting to enter unlawfully and with force, the actor's occupied
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habitation, vehicle, or place of business or employment;
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[(B)
unlawfully and with force removed, or was
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attempting to remove unlawfully and with force, the actor from the
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actor's habitation, vehicle, or place of business or employment; or
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[(C)
was committing or attempting to commit an
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offense described by Subsection (a)(2)(B);
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[(2)
did not provoke the person against whom the force
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was used; and
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[(3)
was not otherwise engaged in criminal activity,
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other than a Class C misdemeanor that is a violation of a law or
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ordinance regulating traffic at the time the force was used.
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[(c)] A person who is in the person's own habitation and |
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[has a right to be present at the location where the deadly force is
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used,] who has not provoked the person against whom the deadly force |
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is used[, and who is not engaged in criminal activity at the time
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the deadly force is used] is not required to retreat before using |
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deadly force as described by this section. |
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[(d)
For purposes of Subsection (a)(2), in determining
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whether an actor described by Subsection (c) reasonably believed
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that the use of deadly force was necessary, a finder of fact may not
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consider whether the actor failed to retreat.] |
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SECTION 4. Article 38.36(b), Code of Criminal Procedure, is |
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amended to read as follows: |
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(b) In a prosecution for murder, if a defendant raises as a |
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defense a justification provided by Section 9.31, 9.32, or 9.33, |
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Penal Code, the defendant, [in order] to establish the defendant's |
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required state of mind [reasonable belief] that use of force or |
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deadly force was immediately necessary, regardless of whether the |
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defendant's reasonable belief or substantial certainty is |
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required, shall be permitted to offer: |
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(1) relevant evidence that the defendant had been the victim |
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of acts of family violence committed by the deceased, as family |
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violence is defined by Section 71.004, Family Code; and |
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(2) relevant expert testimony regarding the condition of |
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the mind of the defendant at the time of the offense, including |
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those relevant facts and circumstances relating to family violence |
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that are the basis of the expert's opinion. |
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SECTION 4. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 5. This Act takes effect September 1, 2013. |