| Old | New | Differences | |
|---|---|---|---|
| 1 | 1 | 89R10654 JCG-F | |
| 2 | 2 | By: Virdell H.B. No. 2458 | |
| 3 | 3 | ||
| 4 | 4 | ||
| 5 | 5 | ||
| 6 | 6 | ||
| 7 | 7 | A BILL TO BE ENTITLED | |
| 8 | 8 | AN ACT | |
| 9 | 9 | relating to a defense to prosecution for the offense of aggravated | |
| 10 | 10 | assault. | |
| 11 | 11 | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | |
| 12 | 12 | SECTION 1. Section 22.02, Penal Code, is amended by adding | |
| 13 | 13 | Subsection (a-1) to read as follows: | |
| 14 | 14 | (a-1) It is a defense to prosecution under Subsection (a)(2) | |
| 15 | 15 | that the actor threatened to cause death or serious bodily injury by | |
| 16 | 16 | exhibiting a deadly weapon if: | |
| 17 | 17 | (1) the actor's threat would be justified under | |
| 18 | 18 | Chapter 9; and | |
| 19 | 19 | (2) the actor reasonably believed that creating an | |
| 20 | 20 | apprehension that the actor would use the deadly weapon was | |
| 21 | 21 | immediately necessary to defend the actor against another's use or | |
| 22 | 22 | attempted use of unlawful force or deadly force. | |
| 23 | 23 | SECTION 2. The change in law made by this Act applies only | |
| 24 | 24 | to an offense committed on or after the effective date of this Act. | |
| 25 | 25 | An offense committed before the effective date of this Act is | |
| 26 | 26 | governed by the law in effect on the date the offense was committed, | |
| 27 | 27 | and the former law is continued in effect for that purpose. For | |
| 28 | 28 | purposes of this section, an offense was committed before the | |
| 29 | 29 | effective date of this Act if any element of the offense was | |
| 30 | 30 | committed before that date. | |
| 31 | 31 | SECTION 3. This Act takes effect September 1, 2025. |