Texas Penal Code - Section 9.63. Guardian-Incompetent

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§ 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 10, 2007