Bill Text: TX HB2458 | 2025-2026 | 89th Legislature | Introduced
Bill Title: Relating to a defense to prosecution for the offense of aggravated assault.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2025-02-05 - Filed [HB2458 Detail]
Download: Texas-2025-HB2458-Introduced.html
| 89R10654 JCG-F | ||
| By: Virdell | H.B. No. 2458 | |
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| 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. | ||
