[LateNight]

A texas senator speaks of supporting the "Castle Doctrine" bill,
Jeff Wentworth

Texans who are attacked in their homes, their businesses, their vehicles or anywhere else they have a right to be should have the right to defend themselves without fear of criminal prosecution or civil litigation.
To make that right a reality, I intend to file a bill in the Texas Senate that would give potential victims of crime broader power to protect themselves, their relatives and their property.

Since I announced my intention to file a bill that would turn the concept of a “man’s home is his castle that he has a right to defend” into state law, Senators Robert Deuell, Chris Harris, Kyle Janek, Jane Nelson and Tommy Williams have joined me as co-authors. Other senators, including Senators Robert Duncan and Judith Zaffirini, have expressed interest in the bill, which would do away with Texas’ “duty to retreat.”

Current Texas law effectively imposes a duty to attempt to retreat before using force against an intruder. Texans who do not attempt to escape before using force to protect their homes, their businesses or their vehicles may be criminally prosecuted and face possible civil suits alleging wrongful injury or death.

Under my bill, if enacted into law, a person would be presumed to be acting reasonably in using force, including deadly force, against an attacker or intruder who unlawfully enters into that person’s home, occupied vehicle or place of business or employment.

The bill would make it clear that citizens are not obligated to retreat if they are attacked in places where they have a right to be and are not the initial aggressors or engaged in criminal activities. Aggravated kidnapping, murder, sexual assault, aggravated sexual assault, robbery and aggravated robbery would all be considered justification for deadly force.

Finally, the bill would protect people using justified force from lawsuits filed by injured criminal attackers and their families.

Fourteen states, including Alabama, Florida, Georgia, Louisiana, Oklahoma and Michigan, have passed “Castle Doctrine” laws, and other states are considering them. The “Castle Doctrine” was the law in Texas prior to 1974. At that time, the law was changed, making the use of deadly force justifiable only if a reasonable person would not have retreated.

I do not believe that the law should require me to wait and decide if someone who is breaking into my home or office or attempting to hijack my car intends to harm me or a member of my family. The law should allow me to use immediate force to protect myself, my family and my property without fear of being charged with a crime or being sued.

Although the courts have traditionally upheld the spirit of the “Castle Doctrine” when men and women who were being attacked have responded with force, I want the spirit of the law to become the letter of the law in Texas.

it would seem to me the heart of this whole discussion, is what is at the heart of the whole Castle Doctrine type bills.

Somebody breaks into my home. I don't have to guess or wonder if he has a knife or a gun, or whatever.