HBA-NMO H.B. 1817 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1817
By: Goolsby
Criminal Jurisprudence
3/21/99
Introduced



BACKGROUND AND PURPOSE 

Current law provides that a person is justified in using deadly force to
protect property in certain situations.  

A man working as a recovery agent for an automobile dealership, in his
attempt to repossess a vehicle from a person who had defaulted on a
security interest, was shot and killed by the person. The person claimed he
believed someone was stealing his vehicle.  The Harris County District
Attorney's office declined to file charges and a Harris County grand jury
decided not to indict the person because of the person's right to use
deadly force to protect property as defined under Section 9.42, Penal Code. 

H.B. 1817 provides that person, after receiving notice that the loan
secured by the person's motor vehicle is in default, who uses deadly force
against another to prevent the recovery of the vehicle is presumed to know
that the use of deadly force was not necessary.  

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 9.42 (Deadly Force to Protect Property), Penal
Code, to provide that a person who possess a motor vehicle that is
encumbered by a security interest or other lien and who, after receiving
notice that the loan secured by the vehicle is in default, uses deadly
force against another to prevent the recovery of the vehicle is presumed to
know that use of force was not necessary. 

SECTION 2.  Makes application of this Act prospective.

SECTION 3.  Effective date: September 1, 1999.

SECTION 4.  Emergency clause.