bill on deadly force in defense of property

The text as introduced · 322 words

89R712 EAS-D

By: Spiller
H.B. No. 3553

A BILL TO BE ENTITLED

AN ACT

relating to the use of deadly force in defense of property.

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

SECTION 1. Section 9.42, Penal Code, is amended to read as

follows:

Sec. 9.42. DEADLY FORCE TO PROTECT PROPERTY. A person is

justified in using deadly force against another to protect land or

tangible, movable property:

(1) if the person [ he ] would be justified in using

force against the other under Section 9.41; [ and ]

(2) when and to the degree the person [ he ] reasonably

believes the deadly force is immediately necessary:

(A) to prevent the other's imminent commission of

arson, burglary, robbery, aggravated robbery, theft [ during the

nighttime ], or criminal mischief [ during the nighttime ]; or

(B) to prevent the other who is fleeing

immediately after committing burglary, robbery, aggravated

robbery, or theft [ during the nighttime ] from escaping with the

property; and

(3) if the person [ he ] reasonably believes that:

(A) the land or property cannot be protected or

recovered by any other means; or

(B) the use of force other than deadly force to

protect or recover the land or property would expose the actor or

another to a substantial risk of death or serious bodily injury.

SECTION 2. The change in law made by this Act applies 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 3. This Act takes effect September 1, 2025.