House approves deadly force bill, sends to governor

[Lucky45]

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.

[nitrogen]

"We think Texans are smart enough to operate with the confines of this law," he said.

I wish more politicians thought this way, be them republocrats or demopublicans.

[Venus Pax]

[Liberty]

"We think Texans are smart enough to operate with the confines of this law," he said.

I wish more politicians thought this way, be them republocrats or demopublicans.

133 out of 146 is a pretty good start. No matter what village you have. There is going to be village idiots. The secret is not to pay any attention to them..

[RKirby]

I believe the tables of justice just tilted back in favor of the law abiding members of society! Just as the signers of the Declaration of Independence intended 231 years ago.

[longtooth]

Yea

[Boma]

Alright. It says work or car. Do does that mean CHL'ers can use deadly force if they forced their way into your car or can anyone use it now?

[KBCraig]

I believe the tables of justice just tilted back in favor of the law abiding members of society! Just as the signers of the Declaration of Independence intended 231 years ago.

We might be tilting back that way, but we won't be there until this is the law of the land:

Every man, woman, and responsible child has an unalienable individual, civil, Constitutional, and human right to obtain, own, and carry, openly or concealed, any weapon -- rifle, shotgun, handgun, machinegun, anything -- any time, any place, without asking anyone's permission.
--L. Neil Smith, "The Atlanta Declaration"

[Roger Howard]

Alright. It says work or car. Do does that mean CHL'ers can use deadly force if they forced their way into your car or can anyone use it now?

If someone is trying to force their way into your car you can use deadly force.( or any where you legally go. ie bank, shopping etc.) But remember that you must still be in fear of your life and deadly force must still be justified. The bill also gives civil IMMUNITY (from civil lawsuits) if you must use deadly force. However if you are using deadly force and breaking another law (except traffic laws) you are NOT covered by this bill. This bill still must be signed by Gov. Perry. When signed it will become law on Sept. 1, 2007

[30Carb]

This bill still must be signed by Gov. Perry. When signed it will become law on Sept. 1, 2007

I beg to differ: the passing majorities means it is veto-proof. The governor can sign it or not, but it will become law.

[Charles L. Cotton]

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."

Chas.

[Lucky45]

This bill still must be signed by Gov. Perry. When signed it will become law on Sept. 1, 2007

I beg to differ: the passing majorities means it is veto-proof. The governor can sign it or not, but it will become law.

08:38 PM CDT on Tuesday, March 20, 2007
Associated Press

With no debate, the House gave final approval with a 133-13 vote.

Perry, a Republican, must sign the measure for it to become law. His office said today that he agrees with the bill and applauds legislators for passing it.

So I think there is no debate on both sides.

[KinnyLee]

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."

Chas.

That is some awesome news!

[paulbrodt]

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."

Chas.

He also said he supported a fence on the border.

[Stupid]

barbered or electrical?

He also said he supported a fence on the border.