88R30938 MCF-F
By: Springer S.B. No. 2593
(Moody)
Substitute the following for S.B. No. 2593: No.
A BILL TO BE ENTITLED
AN ACT
relating to a defense to prosecution for certain assaultive
offenses involving the use or exhibition of a less-lethal
projectile device by a peace officer.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 22, Penal Code, is amended by adding
Section 22.065 to read as follows:
Sec. 22.065. DEFENSE TO CERTAIN ASSAULTIVE OFFENSES
INVOLVING LESS-LETHAL PROJECTILE DEVICE. (a) In this section,
"less-lethal projectile device" means any weapon, device, or
munition that deploys a projectile that is designed or intended to
temporarily incapacitate the target while minimizing the risk of
serious bodily injury or death.
(b) It is a defense to prosecution of an offense under
Section 22.01, 22.02, or 22.05 that:
(1) the conduct constituting the threat or bodily
injury resulted from the use or exhibition of a less-lethal
projectile device;
(2) the actor reasonably believed the use or
exhibition of the device was immediately necessary to accomplish
the actor's official duties as a peace officer;
(3) the actor did not intentionally, knowingly, or
recklessly cause serious bodily injury or death when using or
exhibiting the device; and
(4) the actor used or exhibited the device in
substantial compliance with:
(A) the actor's training;
(B) the policies and procedures of the law
enforcement agency employing the actor; and
(C) the manufacturer's instructions for the
device.
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 occurred
before that date.
SECTION 3. This Act takes effect September 1, 2023.