HB2458 - Relating to a defense to prosecution for the offense of aggravated assault.

  89R10654 JCG-F     By: Virdell, Guillen, Isaac, et al. 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.