| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to a defense to prosecution for the offense of aggravated |
|
|
assault. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 22.02, Penal Code, is amended by adding |
|
|
Subsection (a-1) to read as follows: |
|
|
(a-1) It is a defense to prosecution under Subsection (a)(2) |
|
|
that the actor threatened to cause death or serious bodily injury by |
|
|
exhibiting a deadly weapon if: |
|
|
(1) the actor's threat would be justified under |
|
|
Chapter 9; and |
|
|
(2) the actor reasonably believed that creating an |
|
|
apprehension that the actor would use the deadly weapon was |
|
|
immediately necessary to defend the actor against another's use or |
|
|
attempted use of unlawful force or deadly force. |
|
|
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 |
|
|
governed by the law in effect on the date 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, 2025. |