Virdell Bill Adds Defense For Showing A Weapon In Self-Defense

The text as introduced · 223 words

90R238 JCG-F

By: Virdell
H.B. No. 1024

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, 2027.