79R7073 RMB-F

By:  Cook of Colorado                                             H.B. No. 2295



A BILL TO BE ENTITLED

AN ACT

relating to exceptions to the application of an offense.                      
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 2.02, Penal Code, is amended by amending 
Subsection (b) and adding Subsections (d) and (e) to read as 
follows:
	(b)  The prosecuting attorney is not required to [must] 
negate the existence of an exception in the accusation charging 
commission of the offense [and prove beyond a reasonable doubt that 
the defendant or defendant's conduct does not fall within the 
exception].
	(d)  The issue of the existence of an exception is not 
submitted to the jury unless evidence is admitted supporting the 
exception.
	(e)  If the issue of the existence of an exception is 
submitted to the jury, the court shall charge that the prosecuting 
attorney must prove beyond a reasonable doubt that the defendant or 
defendant's conduct does not fall within the exception.
	SECTION 2.  The change in law made by this Act applies only 
to an offense committed on or after the effective date of this Act.  
An offense committed before the effective date of this Act is 
covered by the law in effect when the offense was committed, and the 
former law is continued in effect for that purpose.  For purposes of 
this section, an offense was committed before the effective date of 
this Act if any element of the offense was committed before that 
date.
	SECTION 3.  This Act takes effect September 1, 2005.