HB 2458
AN ACT relating to a defense to prosecution for the offense of aggravated
89th Regular Session
Jan 14, 2025 - Jun 2, 2025 • Session ended
Awaiting Committee Assignment
Bill filed, pending referral to House committee
Committee
Not yet assigned
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
Bill filed: AN ACT relating to a defense to prosecution for the offense of aggravated
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