| 1 | 1 | | 88R30938 MCF-F |
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| 2 | 2 | | By: Springer S.B. No. 2593 |
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| 3 | 3 | | (Moody) |
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| 4 | 4 | | Substitute the following for S.B. No. 2593: No. |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to a defense to prosecution for certain assaultive |
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| 10 | 10 | | offenses involving the use or exhibition of a less-lethal |
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| 11 | 11 | | projectile device by a peace officer. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. Chapter 22, Penal Code, is amended by adding |
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| 14 | 14 | | Section 22.065 to read as follows: |
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| 15 | 15 | | Sec. 22.065. DEFENSE TO CERTAIN ASSAULTIVE OFFENSES |
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| 16 | 16 | | INVOLVING LESS-LETHAL PROJECTILE DEVICE. (a) In this section, |
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| 17 | 17 | | "less-lethal projectile device" means any weapon, device, or |
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| 18 | 18 | | munition that deploys a projectile that is designed or intended to |
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| 19 | 19 | | temporarily incapacitate the target while minimizing the risk of |
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| 20 | 20 | | serious bodily injury or death. |
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| 21 | 21 | | (b) It is a defense to prosecution of an offense under |
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| 22 | 22 | | Section 22.01, 22.02, or 22.05 that: |
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| 23 | 23 | | (1) the conduct constituting the threat or bodily |
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| 24 | 24 | | injury resulted from the use or exhibition of a less-lethal |
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| 25 | 25 | | projectile device; |
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| 26 | 26 | | (2) the actor reasonably believed the use or |
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| 27 | 27 | | exhibition of the device was immediately necessary to accomplish |
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| 28 | 28 | | the actor's official duties as a peace officer; |
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| 29 | 29 | | (3) the actor did not intentionally, knowingly, or |
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| 30 | 30 | | recklessly cause serious bodily injury or death when using or |
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| 31 | 31 | | exhibiting the device; and |
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| 32 | 32 | | (4) the actor used or exhibited the device in |
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| 33 | 33 | | substantial compliance with: |
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| 34 | 34 | | (A) the actor's training; |
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| 35 | 35 | | (B) the policies and procedures of the law |
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| 36 | 36 | | enforcement agency employing the actor; and |
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| 37 | 37 | | (C) the manufacturer's instructions for the |
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| 38 | 38 | | device. |
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| 39 | 39 | | SECTION 2. The change in law made by this Act applies only |
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| 40 | 40 | | to an offense committed on or after the effective date of this Act. |
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| 41 | 41 | | An offense committed before the effective date of this Act is |
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| 42 | 42 | | governed by the law in effect on the date the offense was committed, |
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| 43 | 43 | | and the former law is continued in effect for that purpose. For |
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| 44 | 44 | | purposes of this section, an offense was committed before the |
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| 45 | 45 | | effective date of this Act if any element of the offense occurred |
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| 46 | 46 | | before that date. |
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| 47 | 47 | | SECTION 3. This Act takes effect September 1, 2023. |
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