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A BILL TO BE ENTITLED
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AN ACT
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relating to a defense to prosecution for certain offenses involving |
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the use of a less-lethal projectile by a peace officer. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 8, Penal Code, is amended by adding |
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Section 8.09 to read as follows: |
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Sec. 8.09. DEFENSE TO CERTAIN OFFENSES INVOLVING USE OF |
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LESS-LETHAL PROJECTILE. (a) In this section, "less-lethal |
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projectile" means any projectile that is designed, made, or adapted |
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to temporarily incapacitate a target while minimizing the risk of |
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serious bodily injury or death. |
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(b) In the prosecution of a peace officer for an offense |
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under this code that resulted in bodily injury or serious bodily |
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injury to or the death of an individual, it is a defense to |
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prosecution that: |
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(1) the injury or death resulted from the use of a |
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less-lethal projectile; |
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(2) the peace officer reasonably believed that the use |
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of the projectile was objectively reasonable to accomplish the |
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officer's official duties as a peace officer; |
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(3) the peace officer did not intentionally, |
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knowingly, or recklessly cause the injury or death when using the |
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projectile; and |
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(4) the peace officer used the projectile in |
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substantial compliance with: |
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(A) the peace officer's training; |
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(B) the policies and procedures of the law |
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enforcement agency employing the peace officer; and |
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(C) the manufacturer's instructions for the use |
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of the projectile. |
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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, 2025. |