Texas Castle Doctrine
ASSOCIATED PRESS
(3/20/07 - AUSTIN, TX) - Texans would have a stronger legal right to defend themselves with deadly force against intruders under legislation the state House overwhelmingly approved Tuesday and sent to Gov. Rick Perry.
The bill, pushed by Republican lawmakers and backed by the National Rifle Association, states that a person has no duty to retreat from an intruder in his or her home, workplace or vehicle before using deadly force.
In some cases, existing law imposes an obligation to retreat.
"Our bill never says you can't retreat. It basically says you have no duty to retreat," said Rep. Joe Driver, a Garland Republican, who sponsored the bill in the House. "Your first reaction needs to be to protect yourself and your family."
The building or vehicle must be occupied at the time for the deadly force provision to apply. And, the person using force cannot provoke the attacker or be involved in criminal activity at the time.
With no debate, the House gave final approval with a 133-13 vote.
The bill has been dubbed the "Castle Doctrine," from the idea that a man's home is his castle and he has the right to defend it. Fifteen other states have passed similar laws.
"Law-abiding citizens now have the choice to defend themselves and their families in the face of attack knowing their decision will not be second-guessed by the State of Texas," said Chris W. Cox, chief lobbyist for the National Rifle Association.
Republican Sen. Jeff Wentworth of San Antonio, the architect of the bill in the Senate, has said the measure would create a legal presumption that an intruder is there to cause death or great bodily harm and that victims have the right to use deadly force.
The Senate approved the legislation last week.
The legislation also protects those using authorized deadly force from civil lawsuits filed by attackers.
In committee hearings, legislators heard stories about Texans who shot an intruder then found themselves arrested.
Driver said under the new law -- which must be signed by Perry to be enacted -- police and prosecutors can still press charges if they feel deadly force wasn't legal.
"We think Texans are smart enough to operate with the confines of this law," he said.
(3/20/07 - AUSTIN, TX) - Texans would have a stronger legal right to defend themselves with deadly force against intruders under legislation the state House overwhelmingly approved Tuesday and sent to Gov. Rick Perry.
The bill, pushed by Republican lawmakers and backed by the National Rifle Association, states that a person has no duty to retreat from an intruder in his or her home, workplace or vehicle before using deadly force.
In some cases, existing law imposes an obligation to retreat.
"Our bill never says you can't retreat. It basically says you have no duty to retreat," said Rep. Joe Driver, a Garland Republican, who sponsored the bill in the House. "Your first reaction needs to be to protect yourself and your family."
The building or vehicle must be occupied at the time for the deadly force provision to apply. And, the person using force cannot provoke the attacker or be involved in criminal activity at the time.
With no debate, the House gave final approval with a 133-13 vote.
The bill has been dubbed the "Castle Doctrine," from the idea that a man's home is his castle and he has the right to defend it. Fifteen other states have passed similar laws.
"Law-abiding citizens now have the choice to defend themselves and their families in the face of attack knowing their decision will not be second-guessed by the State of Texas," said Chris W. Cox, chief lobbyist for the National Rifle Association.
Republican Sen. Jeff Wentworth of San Antonio, the architect of the bill in the Senate, has said the measure would create a legal presumption that an intruder is there to cause death or great bodily harm and that victims have the right to use deadly force.
The Senate approved the legislation last week.
The legislation also protects those using authorized deadly force from civil lawsuits filed by attackers.
In committee hearings, legislators heard stories about Texans who shot an intruder then found themselves arrested.
Driver said under the new law -- which must be signed by Perry to be enacted -- police and prosecutors can still press charges if they feel deadly force wasn't legal.
"We think Texans are smart enough to operate with the confines of this law," he said.
The Governor has already issued a statement to the press that he is going to sign SB378. His staff said "he's looking forward to this being the law in Texas."
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