85R2442 ADM-F     By: Coleman H.B. No. 2708       A BILL TO BE ENTITLED   AN ACT   relating to the use of deadly force in defense of a person or   property.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 9.41, Penal Code, is amended to read as   follows:          Sec. 9.41.  PROTECTION OF ONE'S OWN PROPERTY. (a) A person   in lawful possession of land, including a habitation on the land, or   tangible, movable property is justified in using force against   another when and to the degree the actor reasonably believes the   force is immediately necessary to prevent or terminate the other's   trespass on the land or unlawful interference with the property.          (b)  A person unlawfully dispossessed of land, including a   habitation on the land, or tangible, movable property by another is   justified in using force against the other when and to the degree   the actor reasonably believes the force is immediately necessary to   reenter the land or recover the property if the actor uses the force   immediately or in fresh pursuit after the dispossession and:                (1)  the actor reasonably believes the other had no   claim of right when he dispossessed the actor; or                (2)  the other accomplished the dispossession by using   force, threat, or fraud against the actor.          SECTION 2.  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,   including a habitation on the land, or tangible, movable property   if the actor:                (1)  is [if he would be] justified in using force   against the other under Section 9.41; [and]                (2)  [when and to the degree 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)  [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 3.  Sections 9.32(a) and (c), Penal Code, are   amended to read as follows:          (a)  A person is justified in using deadly force against   another if the actor:                (1)  is [if the actor would be] justified in using force   against the other under Section 9.31; [and]                (2)  is unable to safely retreat; and                (3)  [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, or aggravated   sexual assault[, robbery, or aggravated robbery].          (c)  A person who is in the person's own habitation and [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.          SECTION 4.  Sections 9.32(b) and (d), Penal Code, are   repealed.          SECTION 5.  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 6.  This Act takes effect September 1, 2017.