P.O. Box 12068, State Capitol
Austin, Texas 78711
Tel. (512) 463-0112
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SENATOR NELSON TO CO-AUTHOR "CASTLE DOCTRINE" LEGISLATION
GRAPEVINE -- Senator Jane Nelson, R-Lewisville, announced today that she will co-author legislation protecting the rights of homeowners to use firearms against intruders. "This legislation puts criminals on notice. If you break into someone's home in Texas, you enter at your own risk," Senator Nelson said.
The legislation, announced recently by the National Rifle Association, will be patterned after Florida's landmark "Castle Doctrine" law and will make key amendments to the Texas Penal Code and Civil Practices & Remedies Code.
- It establishes in law the presumption that a criminal who unlawfully enters or intrudes into your home, occupied vehicle, or place of business or employment is there to cause death or great bodily harm, and you may therefore use any manner of force, including deadly force, against that person.
- It explicitly states in law that you have no "duty to retreat" if you are attacked in a place where you have a right to be present, if you are not the original aggressor, and if you are not engaged in criminal activity. You may stand your ground and fight back, meeting force with force -- including deadly force -- if you reasonably believe it is necessary to prevent death or great bodily harm to yourself or others.
- It protect persons using force authorized by law from lawsuits filed by injured criminal attackers or their families.
The Texas Legislature will convene for its 80th Regular Session in January 2007. The prefiling of bills begins November 13, 2006.
SENATOR JANE NELSON, R-LEWISVILLE, represents District 12, which includes parts of Tarrant and Denton counties.