80R7668 JPL-D
 
  By: Driver, King of Parker, Talton, Rose, H.B. No. 284
      Riddle, et al.
 
  Substitute the following for H.B. No. 284:
 
  By:  Vaught C.S.H.B. No. 284
 
 
 
A BILL TO BE ENTITLED
 
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 knew or had reason to believe that the
  person against whom the force was used:
               (1)  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;
               (2)  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
               (3)  was committing or attempting to commit aggravated
  kidnapping, murder, sexual assault, aggravated sexual assault,
  robbery, or aggravated robbery.
         (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 knew or had
  reason to believe that the person against whom the deadly force was
  used:
               (1)  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;
               (2)  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 of
  the actor; or
               (3)  was committing or attempting to commit an offense
  described by Subsection (a)(2)(B) [The 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.