Civil prosecution

[DoubleActionCHL]

Sec. 83.001. CIVIL IMMUNITY [AFFIRMATIVE DEFENSE]. A [It is an affirmative defense to a civil action for damages for personal injury or death that the] defendant who uses force or[, at the time the cause of action arose, was justified in using] deadly force that is justified under Chapter 9 [Section 9.32], Penal Code, is immune from civil liability for personal injury or death that results from the defendant’s [against a person who at the time of the] use of force or deadly force, as applicable [was committing an offense of unlawful entry in the habitation of the defendant].

This is the only civil immunity that I'm aware of, and it limits the benefit of civil liability to civil actions arising from a person injuring or killing a person who has unlawfully entered their habitation.

[srothstein]

Where did you get that wording? The version I am aware of reads:

Sec. 83.001. CIVIL IMMUNITY. A defendant who uses force or deadly force that is justified under Chapter 9, Penal Code, is immune from civil liability for personal injury or death that results from the defendant's use of force or deadly force, as applicable.

This would give immunity for any lethal force authorized under Chapter 9 at all. This is the official wording as of the last updates posted to the states web site (2007). I was unaware of any changes to it htis legislative session, though I could be wrong.

For those who are unaware, this is the immunity clause from the Civil Practices and Remedies Code, which governs most law suits in Texas.

[DoubleActionCHL]

Where did you get that wording? The version I am aware of reads:

Sec. 83.001. CIVIL IMMUNITY. A defendant who uses force or deadly force that is justified under Chapter 9, Penal Code, is immune from civil liability for personal injury or death that results from the defendant's use of force or deadly force, as applicable.

This would give immunity for any lethal force authorized under Chapter 9 at all. This is the official wording as of the last updates posted to the states web site (2007). I was unaware of any changes to it htis legislative session, though I could be wrong.

For those who are unaware, this is the immunity clause from the Civil Practices and Remedies Code, which governs most law suits in Texas.

http://law.onecle.com/texas/civil/83.001.00.html" onclick="window.open(this.href);return false;

§ 83.001. AFFIRMATIVE DEFENSE. It is an affirmative
defense to a civil action for damages for personal injury or death
that the defendant, at the time the cause of action arose, was
justified in using deadly force under Section 9.32, Penal Code,
against a person who at the time of the use of force was committing
an offense of unlawful entry in the habitation of the defendant.

I believe this is the current language, amended in 2007.

[srothstein]

Thanks for answering. From the citation of the law at the bottom of their section, I don't think it has the update. The section I posted has the same legislative history plus the 2007 update.

http://www.statutes.legis.state.tx.us/D ... htm#83.001" onclick="window.open(this.href);return false;

As a general rule, I like to use the official state page (http://www.statutes.legis.state.tx.us/). It is most likely to have the correct laws, with the noted exception of the time period from Sep to Jan of each legislative year. It takes them a long time to get this years updates in.