bill defining “violent felony” for use of force

The text as introduced · 525 words

89R10843 JRR-F

By: Patterson
H.B. No. 2895

A BILL TO BE ENTITLED

AN ACT

relating to the legal justification for using force or deadly force

in response to the commission or attempted commission of a violent

felony.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 9.01, Penal Code, is amended by adding

Subdivision (6) to read as follows:

(6) "Violent felony" means a felony offense under

state law, federal law, or the laws of a federally recognized Indian

tribe that has as an element the intentional or knowing use,

attempted use, or threatened use of force or deadly force against

any person.

SECTION 2. Section 9.31(a), Penal Code, is amended 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 , or another violent

felony ;

(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.

SECTION 3. Section 9.32(a), Penal Code, is amended to read

as follows:

(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

(2) 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 , or another violent

felony .

SECTION 4. The changes in law made 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 governed

by the law in effect on the date the offense was committed, and the

former law is continued in effect for that purpose. For purposes of

this section, an offense was committed before the effective date of

this Act if any element of the offense occurred before that date.

SECTION 5. This Act takes effect September 1, 2025.