The Texas State Senate - Jeff Wentworth: SD 25 - News Release:
It is a long-held belief that a man's home is his castle.
The principle of the "Castle Doctrine" began in the 16th century with English common law which held that citizens had the right to protect themselves inside their homes.
When the 80th Legislature convenes in January, Texas legislators will have the opportunity to turn the concept of the "Castle Doctrine" into state law. I intend to file a bill which would ensure that Texans have the right to forcefully protect themselves and their families from criminals who invade their homes.
Under current Texas law, residents must first seek a means of escape before using force against an intruder. Homeowners who do not attempt to escape before using force may be criminally prosecuted for protecting themselves, their homes, and their families. And I believe that this is wrong.
I believe Texans should have the right to defend themselves and their families from criminals who break into their homes. My bill would not only protect victims of home invasions from criminal prosecution by the state, but also from possible civil litigation brought by criminals and/or their relatives.
Texans should not have to prove in court that their lives were directly threatened. The reasonable assumption that a home intruder naturally threatens the lives of a home's residents should become law.
Public opinion supports this legislation. A questionnaire in the newsletter I sent to voters of Senate District 25 in January asked if they supported the right of home residents to use deadly force against intruders, without first having to try to escape. Eighty-eight percent of the more than 16,000 respondents said they did.
My bill to ensure Texans' right to defend themselves in their own homes should make men and women feel safer in their own "castles."
Texas is already fairly friendly toward lethal force when used in one's own home. Still, some extra legal protection couldn't hurt. I would prefer something more along the lines of the "Stand Your Ground" type of law, but I suppose this is a start. I especially like the protection against civil lawsuits.
I should also mention that Texas has an odd "night-time" provision in the law. Although this press release is partly correct, the duty to retreat only applies during daylight. After dark, according to Texas law, you have no duty to retreat. Although I can't cite the case, there was an instance several years ago when a San Antonio area farmer used the night-time provision to legally protect himself when he used lethal force after dark against someone who was stealing his property but who had not entered his house (they were stealing farm equipment). I mentioned the "night-time" quirk before in this post.
Crossposted from Blogonomicon.
