| 1 | 1 | | 89R5263 EAS-D |
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| 2 | 2 | | By: Jones of Dallas H.B. No. 1459 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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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 the conduct that constitutes the use of a deadly weapon |
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| 10 | 10 | | for purposes of the prosecution of the offense of aggravated |
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| 11 | 11 | | assault or aggravated sexual assault. |
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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. Section 22.02, Penal Code, is amended by adding |
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| 14 | 14 | | Subsection (b-1) to read as follows: |
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| 15 | 15 | | (b-1) For purposes of this section, the use of a deadly |
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| 16 | 16 | | weapon does not include the transmission of bodily fluid by an |
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| 17 | 17 | | individual infected with human immunodeficiency virus (HIV). |
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| 18 | 18 | | SECTION 2. Section 22.021, Penal Code, is amended by adding |
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| 19 | 19 | | Subsection (c-1) to read as follows: |
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| 20 | 20 | | (c-1) For purposes of this section, the use of a deadly |
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| 21 | 21 | | weapon does not include the transmission of bodily fluid by an |
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| 22 | 22 | | individual infected with human immunodeficiency virus (HIV). |
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| 23 | 23 | | SECTION 3. The change in law made by this Act applies only |
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| 24 | 24 | | to an offense committed on or after the effective date of this Act. |
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| 25 | 25 | | An offense committed before the effective date of this Act is |
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| 26 | 26 | | governed by the law in effect on the date the offense was committed, |
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| 27 | 27 | | and the former law is continued in effect for that purpose. For |
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| 28 | 28 | | purposes of this section, an offense was committed before the |
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| 29 | 29 | | effective date of this Act if any element of the offense occurred |
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| 30 | 30 | | before that date. |
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| 31 | 31 | | SECTION 4. This Act takes effect September 1, 2025. |
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