Bill Text: TX HB327 | 2023-2024 | 88th Legislature | Engrossed


Bill Title: Relating to the affirmative defense to prosecution for a criminal offense for persons acting under duress.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Engrossed - Dead) 2023-05-11 - Received from the House [HB327 Detail]

Download: Texas-2023-HB327-Engrossed.html
  88R163 MCF-F
 
  By: Thompson of Harris, Garcia, H.B. No. 327
      Jones of Harris, Davis
 
 
 
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, 2023.
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