89R10654 JCG-F
By: Virdell H.B. No. 2458
A BILL TO BE ENTITLED
AN ACT
relating to a defense to prosecution for the offense of aggravated
assault.
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
exhibiting a deadly weapon if:
(1) the actor's threat would be justified under
Chapter 9; and
(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
committed before that date.
SECTION 3. This Act takes effect September 1, 2025.