SB 378
From the 80(R) Session
Wentworth
Shooting trespassers presumed "reasonable"
Introduced: Effective on 9/1/07
TAGS: use of force, castle doctrine
Username:    Password:   Forgot Password/Username
You must be logged-in and have sufficient BillHop credit in order to edit or comment on this page.
previous Latest Version next
previous Latest Version next
Updated by jeweke on Feb 1, 2007 11:52:42

Summary

Changes the Texas Penal Code and Civil Practice and Remedies Code so that someone is presumed to have acted reasonable in using any manner of force, including deadly force, against someone who unlawfully enters or intrudes into a home, occupied vehicle or place of business or employment. /1/

Background

Currently someone who uses force against a person who has trespassed has the burden to show that they acted "reasonably."

Political Context

This language has been branded the “Castle Doctrine,” and has been adopted by fifteen states, including Alabama, Florida, Georgia, Louisiana, Oklahoma and Michigan./1/

Additional Links

/1/ Sen. Wentworth Press Release (via Capitol Annex)
The Other Side Blog "Good News From The Home Front" 1/31/07
previous Version No. 3 next
Updated by jeweke on Feb 1, 2007 11:51:46
This is an older version of this article.

Summary

Changes the Texas Penal Code and Civil Practice and Remedies Code so that someone is presumed to have acted reasonable in using any manner of force, including deadly force, against someone who unlawfully enters or intrudes into a home, occupied vehicle or place of business or employment. Would limit the ability of criminals and their family to sue victims for killing or injuring the attacker./1/

Background

Currently someone who uses force against a person who has trespassed has the burden to show that they acted "reasonably."

Political Context

This language has been branded the “Castle Doctrine,” and has been adopted by fifteen states, including Alabama, Florida, Georgia, Louisiana, Oklahoma and Michigan./1/

Additional Links

/1/ Sen. Wentworth Press Release (via Capitol Annex)
The Other Side Blog "Good News From The Home Front" 1/31/07
previous Version No. 2 next
Updated by MEGABITE on Feb 1, 2007 11:29:35
This is an older version of this article.

Summary

Changes the Texas Penal Code and Civil Practice and Remedies Code so that someone is presumed to have acted reasonable in using any manner of force, including deadly force, against someone who unlawfully enters or intrudes into a home, occupied vehicle or place of business or employment. Would limit the ability of criminals and their family to sue victims for killing or injuring the attacker./1/

Background

Currently someone who uses force against a person who has trespassed has the burden to show that they acted "reasonably."

Political Context

This language has been branded the “Castle Doctrine,” and has been adopted by fifteen states, including Alabama, Florida, Georgia, Louisiana, Oklahoma and Michigan./1/

Additional Links

/1/ Sen. Wentworth Press Release (via Capitol Annex)
The Other Side Blog "Good News From The Home Front" 1/31/07
previous Version No. 1 next
Updated by jeweke on Feb 1, 2007 11:14:54
This is an older version of this article.

Summary

Changes the Texas Penal Code and Civil Practice and Remedies Code so that someone is presumed to have acted reasonable in using any manner of force, including deadly force, against someone who unlawfully enters or intrudes into a home, occupied vehicle or place of business or employment./1/

Background

Currently someone who uses force against a person who has trespassed has the burden to show that they acted "reasonably."

Political Context

This language has been branded the “Castle Doctrine,” and has been adopted by fifteen states, including Alabama, Florida, Georgia, Louisiana, Oklahoma and Michigan./1/

Additional Links

/1/ Sen. Wentworth Press Release (via Capitol Annex)
The Other Side Blog "Good News From The Home Front" 1/31/07
Arguments for SB 378
Double click here to add an argument for this bill.
Arguments against SB 378
Double click here to add an argument against this bill.
 
by MEGABITE on Feb 1, 2007 11:27:06
You shouldn't have to retreat if someone breaks into your house. I'm all for it!
by MEGABITE on Feb 1, 2007 14:59:04
I think the word trespass should be replaced. It's not like you can go out and shoot someone for walking on your lawn.
by jeweke on Feb 1, 2007 15:01:27
suggested wording?
by MEGABITE on Feb 2, 2007 10:12:34
"Intruder" maybe? I'll have to go look at the actual bill.
by MEGABITE on Mar 20, 2007 13:26:45
Passed in the House today, Senate approved last week. Sent to the Governor to be signed into law. Almost a done deal.
Passed
by MEGABITE on Apr 9, 2007 10:48:37
Signed into law by the Gov

Add a New Comment:

Subject:
Comment: