Bill Would Require Homeowners To Retreat And "Cooperate" With Burglars

[#TexasPolitics365] 

A bill seeking to modify the so-called “castle doctrine” in Texas is getting people on social media riled up and even has lawmakers concerned ahead of the January legislative session, reports Click2Houston and other news sources. 

The “castle doctrine” is outlined in the state’s penal code. It gives people the right to use deadly force to protect their “land or tangible, movable property.”

State Rep. Terry Meza, D-Irving, filed House Bill 196 in early November. It would modify part of the code to require homeowners to be “unable to safely retreat” before deadly force can be used. It would also remove robbery and aggravated robbery as crimes that could be legally stopped with deadly force by property owners.

On Twitter, Meza wrote, "I'm not saying that stealing is okay," Meza explained. "All I'm saying is that it doesn't warrant a death penalty. Thieves only carry weapons for self-protection and to provide the householder an incentive to cooperate."

Gov. Greg Abbott spoke against the bill on Twitter on Dec. 9, saying, "Let me be clear. The Castle Doctrine will not be reduced. We won’t force Texas homeowners to retreat. Especially with the crazy “defund police” ideas, homeowners need to protect themselves now more than ever. We will protect 2nd Amendment rights."

Rachael Malone, founder of Texas Firearms Freedom, wrote on Facebook that she supports tweaks in the law (specifically supporting a bill by Weatherford Republican Phil King) but not Meza's bill.

"Texas' use of force laws are already FAR better than most states. But there's still room for improvement. This year, there have been numerous occasions of riots, looting, and burglary. People have been in fear for their lives. Some have used firearms in self defense -- and some have been prosecuted for what seemed like a clear cut self defense case. Here in Texas, we want to make sure that we NEVER criminalize your use of deadly force to protect yourself or your loved ones."

Facing a firestorm of criticism, Meza claims the critics are wrong about her bill, one of 33 her office filed, the most of any other legislator.

“It does not repeal the Castle Doctrine, and it does not restrict homeowners from using firearms in self-defense as applicable to current Texas stand your ground laws,” Meza wrote in a Nov. 19 tweet. “What my bill would do if passed, would require a homeowner to exhaust the potential of safely retreating into their habitation before using deadly force in defense of themselves or their property.”

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