First let me say that the phrase "Castle Doctrine" is misleading at best and often misused.
The core of the Castle Doctrine is that a man's home is his castle, and that he can legally use deadly force to repel an intruder if necessary (except for lawful entry by police, etc.)
That law is older than the United States itself, going back to British common law.
In Texas law, you could use deadly force to prevent any burglary of your home, business, or other buildings that are under your control.
The most recent Castle Doctrine legislation clarified the situation with respect to vehicles.
People often mix up the removal of a duty to retreat (Stand Your Ground) and other concepts with Castle Doctrine.
You are correct that elements of this law are scattered throughout the statutes. They were the result of a number of bills in the 2007 legislative session. You can see them all here and figure out which bill did what. HB 103 and SB 378 were the key Castle Doctrine bills.
BTW, these handles like Castle Doctrine and Motorist Protection Act have no legal meaning in Texas and do not become part of the statute. We do not have the unfortunate situation with deceptively named bills that exists at the federal level.
- Jim
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- by seamusTX
- Wed Jan 14, 2009 3:23 pm
- Forum: General Texas CHL Discussion
- Topic: Castle Doctrine - actual Penal Code Reference?
- Replies: 3
- Views: 1137
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