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HB 2458

AN ACT relating to a defense to prosecution for the offense of aggravated

House Bill
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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Committee

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Fiscal Note

Not available

What This Bill Does

Modifies the legal defense for aggravated assault cases, allowing individuals to claim justification if they threatened to cause death or serious bodily injury when they reasonably believed such a threat was immediately necessary to defend themselves against unlawful force or deadly force. The defense applies specifically to situations where the actor's threatened use of a deadly weapon would be considered justified under self-defense principles. The law will take effect on September 1, 2025, and will apply only to offenses committed on or after that date.

Subject Areas

Bill Text

relating to a defense to prosecution for the offense of aggravated
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
(1)  the actor's threat would be justified under
(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
SECTION 3.  This Act takes effect September 1, 2025.

Bill History

filed

Bill filed: AN ACT relating to a defense to prosecution for the offense of aggravated