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A BILL TO BE ENTITLED
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AN ACT
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relating to the affirmative defense to prosecution for a criminal |
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offense for persons acting under duress. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 8.05(c), Penal Code, is amended to read |
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as follows: |
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(c) Compulsion within the meaning of this section exists |
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only if the force or threat of force would render a reasonable |
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person in the situation of the defendant [reasonable firmness] |
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incapable of resisting the pressure. |
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SECTION 2. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 3. This Act takes effect September 1, 2023. |