Bill Would Allow Texas Teachers to Use Deadly Force Against Students

Houston Chronicle

The Teacher’s Protection Act by Rep. Dan Flynn, R-Van, would allow educators to use force or deadly force if they feel they need to protect themselves against a student or anyone else on school grounds. It also allows teachers to use deadly force to protect school property, and to avoid prosecution “for injury or death that results from the educator’s use of deadly force.”

This is not just absurd but heart breaking. These are kids we are talking about and this law as stated makes teachers immune to prosecution should they kill a child in defense of school property even.

Is that a school pencil in your pocket punk? Or should I say thug?

Proposed Bill re: school property

Sec. 38A.003. EDUCATOR'S DEFENSE OF SCHOOL PROPERTY. (a)
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.

Texas Penal Code Sec. 9.43

Sec. 9.43. PROTECTION OF THIRD PERSON'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.

smfh

a reply to: Kali74

These are kids we are talking about

Yes they are and they carry weapons.

If a person shoots a gun at me, a child or adult, I should and will defend myself. (period.)

a reply to: Kali74

I can't imagine it makes them immune to death...

2nd

Dunno about this.

I think people are ignoring just how many violent youths teachers are dealing with in this country.

Report: School Crime and Violence Rise

Teachers have the right to self defense as anyone else.

How far they go depends on the circumstances.

School property should also be protected considering how much parents are paying for it in taxes.

Force OR deadly force.

Doesn't mean carte blanche.

Teachers will most likely dial 9-11, and have the police to come save them.

Write on a desk...shot in the face...seems fair

I wish I could say I was shocked at the sentiment that property is worth more than a kids life... but I'm not. Just disgusted.

Sounds like the teachers are just getting the same legal protection to defend themselves as every other citizen.


Sec. 38A.002. EDUCATOR'S DEFENSE OF SELF OR STUDENTS. (a)
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 the educator's person or in defense of students 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 9.31, 9.32, or 9.33, Penal Code, in using
force or deadly force, as applicable, in defense of the educator or
students.


It says in defense of the educator or students.

a reply to: Kali74

What the hell! Teachers are educators NOT policemen. I know this is a stupid, reactionary law in response to all the school shootings, but man such idiocy...

a reply to: Kali74

Being a native Texan, this doesn't surprise me in the least. Very short sided and pandering to the Right wing as usual.

However they refused to consider that some of those badass students will jump the teacher, take that gun away form him/her and use it against whom ever they chose, probably the teacher, principal, vice principal, school security, other students, etc.

Then what?

originally posted by: Mandroid7
Write on a desk...shot in the face...seems fair

Sure that is what "they" want, right?!?

Don't be an idiot.

a reply to: olaru12

Or teacher has bad aim or random student walks in front of...

It looks like the first few comments completely missed what the OP was pointing out.

This isn't strictly about teachers using deadly force to protect the well-being of teachers and students but rather — and this is what is concerning — the property of the school which employs the teacher. Here's a hypothetical:

A student is caught in the act of stealing *whatever* from the school and refuses to heed the teacher's command to stop and instead makes a run for it with *whatever*. The teacher would then be immune from prosecution if the teacher shot and killed the student.

EDIT:

This mirrors the insane laws in Texas that already allow people to execute others for petty theft. This made national news because of the trial of Ezekiel Gilbert who shot a 23 year-old Craigslist escort for taking $150 and leaving without having sex with him. The woman, Lenora Ivie Frago, was shot in the neck as she was leaving the scene and immediately paralyzed. She died seven months later. Gilbert was acquitted.

Just another reason why Texas resembles some insane third world country run by religious nuts.

a reply to: Hoosierdaddy71

And the very next section, which I linked in the OP... defines use of deadly force in defense of school property.

originally posted by: Kali74
a reply to: olaru12

Or teacher has bad aim or random student walks in front of...

Or another teacher, janitor, security, etc. Knowing most teachers like I do; they will eventually shoot themselves by accident.

Look at the bright side...

a reply to: olaru12


Where does it say they can carry a gun in school? This does not override gun rules at public schools.
The only thing I can see is that a teacher can use deadly force to protect themselves and other students. But I guess some people would be happier if a teacher let a bully beat another student to death. Maybe they will just write " I will not harm others " on the chalkboard 100 times...

a reply to: Hoosierdaddy71

What I'm focusing on is the use of deadly force to defend school property which you are stubbornly ignoring.

If the educated intellectuals would have done what they're supposed to do, then things like this wouldn't be necessary.

but maybe failure leads to solutions?



never let a crisis go to waste.

originally posted by: whatisurproblem

originally posted by: Mandroid7
Write on a desk...shot in the face...seems fair

Sure that is what "they" want, right?!?

Don't be an idiot.

How is that being an idiot?
Learn how to read.
Self defense against an armed student is one thing...killing a kid over damaged property is a completely different ballgame.

Internet tough guys are a dime a dozen and talk is cheap

originally posted by: Kali74
a reply to: Hoosierdaddy71

What I'm focusing on is the use of deadly force to defend school property which you are stubbornly ignoring.

You wouldn't want an Adam Lanza put down before he could kill ?

I would lots of parents would too than lose their kids.

a reply to: Hoosierdaddy71

Well it IS Texas we are talking about. Do they have "no gun zones" in school zones?