| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to a defense to prosecution for certain assaultive |
|
|
offenses involving the use or exhibition of a less-lethal |
|
|
projectile device by a peace officer. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Chapter 22, Penal Code, is amended by adding |
|
|
Section 22.065 to read as follows: |
|
|
Sec. 22.065. DEFENSE TO CERTAIN ASSAULTIVE OFFENSES |
|
|
INVOLVING LESS-LETHAL PROJECTILE DEVICE BY PEACE OFFICER. (a) In |
|
|
this section, "less-lethal projectile device" means any weapon, |
|
|
device, or munition that deploys a projectile that is designed or |
|
|
intended to temporarily incapacitate the target while minimizing |
|
|
the risk of serious bodily injury or death. |
|
|
(b) It is a defense to prosecution of an offense under |
|
|
Section 22.01, 22.02, 22.04, or 22.05 that: |
|
|
(1) the conduct constituting the offense involved the |
|
|
use or exhibition of a less-lethal projectile device; |
|
|
(2) the actor used or exhibited the device while |
|
|
discharging the actor's official duties as a peace officer; and |
|
|
(3) the actor did not intend to cause serious bodily |
|
|
injury or death when using or exhibiting the device. |
|
|
SECTION 2. The change in law made by this Act applies to |
|
|
conduct that occurs before, on, or after the effective date of this |
|
|
Act, except that a final conviction for an offense that exists on |
|
|
the effective date of this Act is unaffected by this Act. |
|
|
SECTION 3. This Act takes effect on the 91st day after the |
|
|
last day of the legislative session. |