Davis’s bill widening the self-defense presumption

The text as introduced · 569 words

89R11197 JCG-D

By: A. Davis of Dallas
H.B. No. 3267

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 9.31(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 or any

other building or vehicle in which the actor was lawfully present ;

(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

any other location where the actor was lawfully present ; 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.

SECTION 2. Section 9.32(b), Penal Code, is amended to read

as follows:

(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 or any

other building or vehicle in which the actor was lawfully present ;

(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

any other location where the actor was lawfully present ; 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.

SECTION 3. 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 4. This Act takes effect September 1, 2025.