S.B. No. 378

	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.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I hereby certify that S.B. No. 378 passed the Senate on
	March 13, 2007, by the following vote:  Yeas 30, Nays 0.
	______________________________
	Secretary of the Senate
	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.
	______________________________
	Chief Clerk of the House
	Approved:
	______________________________
	Date
	______________________________
	Governor