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HB 1459

AN ACT relating to the conduct that constitutes the use of a deadly weapon

House Bill Jones, Venton
Filed

Filed

Bill introduced by legislator

Committee

Hearing

Passed Cmte

Calendar

Passed

Sent

Enrolled

Governor

Signed

89th Regular Session

Jan 14, 2025 - Jun 2, 2025 • Session ended

Awaiting Committee Assignment

Bill filed, pending referral to House committee

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What This Bill Does

This Texas bill clarifies that transmitting bodily fluid by an individual infected with HIV does not constitute "use of a deadly weapon" for aggravated assault or aggravated sexual assault prosecutions. The legislation specifically amends the Penal Code to exclude HIV transmission from the legal definition of deadly weapon use. The bill would apply to offenses committed on or after September 1, 2025, ensuring that individuals with HIV are not automatically charged with using a deadly weapon when transmitting bodily fluids.

Subject Areas

Bill Text

relating to the conduct that constitutes the use of a deadly weapon
for purposes of the prosecution of the offense of aggravated
assault or aggravated sexual assault.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  Section 22.02, Penal Code, is amended by adding
Subsection (b-1) to read as follows:
(b-1)  For purposes of this section, the use of a deadly
weapon does not include the transmission of bodily fluid by an
individual infected with human immunodeficiency virus (HIV).
SECTION 2.  Section 22.021, Penal Code, is amended by adding
Subsection (c-1) to read as follows:
(c-1)  For purposes of this section, the use of a deadly
weapon does not include the transmission of bodily fluid by an
individual infected with human immunodeficiency virus (HIV).
SECTION 3.  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 occurred
SECTION 4.  This Act takes effect September 1, 2025.

Bill Sponsors

Legislators who authored or co-sponsored this bill.

Bill History

filed

Bill filed: AN ACT relating to the conduct that constitutes the use of a deadly weapon