“Castle Doctrine” Bill Gives Texans Right Of Self-Defense

[Press Release from State Sen. Jeff Wentworth (R-San Antonio)]

AUSTIN - Senator Jeff Wentworth, R-San Antonio, today filed a bill that would give Texans broader power to protect themselves, their families and their property.

Senate Bill 378, the “Castle Doctrine” bill would change the Texas Penal Code and Civil Practice and Remedies Code so that someone is presumed to have acted reasonable in using any manner of force, including deadly force, against someone who unlawfully enters or intrudes into a home, occupied vehicle or place of business or employment.

“Current Texas law effectively imposes a duty to attempt to retreat before using force against an intruder,” said Senator Wentworth.  “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.

“I believe 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 from attack without fear of being prosecuted criminally, and if unsuccessfully sued in civil court by the attacker, all costs at court will be paid by the attacker.”

Since Senator Wentworth announced his intention to file a bill that would turn the concept of a “man’s home is his castle that he has right to defend” into state law, 27 state senators have signed on as co-authors.  A bill signed by a total of 28 senators assures that the bill will be voted out of committee and favorably considered by the full Senate.

The co-authors of S.B. 378 are Senators Averitt, Brimer, Carona, Deuell, Duncan, Ellis, Eltife, Estes, Fraser, Harris, Hegar, Hinojosa, Jackson, Janek, Lucio, Nelson, Nichols, Ogden, Patrick, Seliger, Shapiro, Shapleigh, Uresti, Van de Putte, Watson, Whitmire and Williams.

Fifteen other states, including Alabama, Florida, Georgia, Louisiana, Oklahoma and Michigan, have “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.  The proposed bill would amend Texas law to bring the Penal Code back to its pre-1974 state.

“Although the courts have traditionally upheld the spirit of the ‘Castle Doctrine’ when Texans who were being attacked have responded with force, I want the spirit of the law to become the letter of the law in Texas,” said Senator Wentworth.