TITLE: Relating to the use of deadly force in defense of property.

SUMMARY: Relating to the use of deadly force in defense of property.

FULL TEXT:
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.