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Texas Penal Code - Section 9.63. Guardian-Incompetent

Legal Research Home > Texas Laws > Penal Code > Texas Penal Code - Section 9.63. Guardian-Incompetent

§ 9.63. GUARDIAN-INCOMPETENT. The use of force, but not deadly force, against a mental incompetent is justified: (1) if the actor is the incompetent's guardian or someone similarly responsible for the general care and supervision of the incompetent; and (2) when and to the degree the actor reasonably believes the force is necessary: (A) to safeguard and promote the incompetent's welfare; or (B) if the incompetent is in an institution for his care and custody, to maintain discipline in the institution. Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.

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Last modified: August 11, 2007