Texas Castle Doctrine/Stand Your Ground Bill

On March 12th, SB 378 (Relating to the use of force or deadly force in defense of a person) was voted upon and passed in the State Senate. The vote passed with 30 Yeas and 0 Nays.

On Monday, the 19th, Representative Driver made a motion to substitute SB 378 for the House version of the same bill (HB 284). This motion passed and SB 378 was placed before the house and read into public record.

Today SB 378 was read for the third time in the House and was voted upon by the members of the Texas State House and passed. The voted passed with 133 yeas and 13 Nays. One member stated on the public record that he intended to vote Nay, so the vote would have been 132 Yeas and 14 Nays.

All that is left is for Governor Perry to sign the dotted line, and Texas will have a Castle Doctrine/Stand Your Ground Law. This law will go into effect on September 1st.

Here is the text of the bill.

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 reasonably believes the force is immediately necessary to protect the actor 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 would be justified in using force against the other under Section 9.31; and 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, 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.

(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. A defendant who uses force or deadly force that is justified under Chapter 9 Penal Code, is immune from civil liability for personal injury or death that results from the defendant's use of force or deadly force, as applicable.

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.

That is pretty much it in a nut shell.

Oh...

Who were the dissenters? Who were the ones would deny a Texan the ability to use lawful force against a goblin?

A list of the usual suspects:

Representative Lon Burnam - Representative Garnet Coleman - Representative Dawnna Dukes - Representative Harold Dutton - Representative Jessica Farrar - Representative Ana E. Hernandez - Representative Terri Hodge - Representative Donna Howard - Representative Barbara Mallory Caraway - Representative Ruth McClendon - Representative Borris Miles - Representative Paul Moreno - Representative Senfronia Thompson and the member who stated:

I was shown voting yes... I intended to vote no.

Representative Elliott Naishtat

If your representative is on this list, and you would have preferred they voted for this bill, write and let them know. More importantly, if your representative supported this legislation, write and tell them thanks. Showing our appreciation for their support will go a long way towards maintaining their support on future legislation.

For and update on the Texas Castle Doctrine law, click here