Out goes “reasonable firmness.” In comes the defendant’s situation.
The bill changes the test for the duress defense in the Penal Code. It replaces the standard of a 'person of reasonable firmness' with a 'reasonable person in the situation of the defendant.' Defendants who claim they were forced into an offense by threats would have their own circumstances weighed when a jury decides whether they could have resisted, for offenses committed on or after September 1, 2025.
Labels
Labels: ZOMBIE BILL. Died 2 times: 88R HB 327 (Did not pass) and this bill (Died in committee). Checked against 88R only.BACK FROM THE DEAD. Same text as a bill filed before that died: 88R HB 327 (Did not pass). Filed in 2 sessions, counting this one. Checked against 88R only.TRY NO. 2. Filed in 2 sessions: 88R and 89R. Checked against 88R only.NEVER GOT A HEARING. Filed Nov 12, 2024 and referred to the House Criminal Jurisprudence committee. No public hearing. The bill died.
relating to the affirmative defense to prosecution for a criminal
offense for persons acting under duress.
WHAT IT DOES
Out goes “reasonable firmness.” In comes the defendant’s situation.
The bill changes the test for the duress defense in the Penal Code. It replaces the standard of a 'person of reasonable firmness' with a 'reasonable person in the situation of the defendant.' Defendants who claim they were forced into an offense by threats would have their own circumstances weighed when a jury decides whether they could have resisted, for offenses committed on or after September 1, 2025.
Data snapshot Oct 26, 2026 at 4:20 AM CDT. Grades, charges, quotes and corrections follow the published record.
House committee · Criminal Jurisprudence · Final status: Died in committee
Subjects
Criminal Procedure--Defense Counsel
Criminal Procedure--General
Text
The text as introduced · 185 words
89R682 MCF-F
By: Thompson
H.B. No. 372
A BILL TO BE ENTITLED
AN ACT
relating to the affirmative defense to prosecution for a criminal
offense for persons acting under duress.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 8.05(c), Penal Code, is amended to read
as follows:
(c) Compulsion within the meaning of this section exists
only if the force or threat of force would render a reasonable
person in the situation of the defendant [ reasonable firmness ]
incapable of resisting the pressure.
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 occurred
before that date.
SECTION 3. This Act takes effect September 1, 2025.