Comment

Bill Would Allow Texas Teachers to Use Deadly Force Against Students

209
lawhawk1/30/2015 6:08:27 am PST

re: #4 Rightwingconspirator

No, I think it actually is as insane as advertised.

Note, this bill provides not only the use of deadly force to protect the teacher or other students, but school property.

To wit (the actual text of this bill):

An educator is justified in using force or deadly force on school property, on a school bus, or at a school-sponsored event in defense of property of the school that employs the educator if, under the circumstances as the educator reasonably believes them to be, the educator would be justified under Section 9.43, Penal Code, in using force or deadly force, as applicable, in defense of property of the school that employs the educator.

9.43 refers to use of deadly force to protect one’s property:

A person is justified in using force or deadly force against another to protect land or tangible, movable property of a third person if, under the circumstances as he reasonably believes them to be, the
actor would be justified under Section 9.41 or 9.42 in using force or deadly force to protect his own land or property and:
(1) the actor reasonably believes the unlawful interference constitutes attempted or consummated theft of or criminal mischief to the tangible, movable property; or
(2) the actor reasonably believes that:
(A) the third person has requested his protection
of the land or property;
(B) he has a legal duty to protect the third
person’s land or property; or
(C) the third person whose land or property he uses force or deadly force to protect is the actor’s spouse, parent, or child, resides with the actor, or is under the actor’s care.

So, the potential theft of a pen or a backpack would be sufficient grounds for the use of deadly force as construed since a theft of a the pen or backpack is the theft of a item of tangible personal property, and the student who owns the backpack or pen requests help and the teacher would have a duty to protect that student’s property (since the student is under the teacher’s care).

Meanwhile, we’ve got police officers still using deadly force to stop the mentally ill - as I noted yesterday (and the death was captured on video - and indicates that officers screwed the pooch by having her detained and mysteriously let her go, only to shoot her dead moments later).