Bill Text: TX HB48 | 2023 | 88th Legislature 4th Special Session | Introduced

Texas House Bill 48 (Prior Session Legislation)

Introduced

Bill Title: Relating to a defense to prosecution for certain assaultive offenses involving the use or exhibition of a less-lethal projectile device by a peace officer.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2023-11-07 - Filed [HB48 Detail]

Download: Texas-2023-HB48-Introduced.html



	By: Frazier	H.B. No. 48



	A BILL TO BE ENTITLED
	AN ACT
	relating to a defense to prosecution for certain assaultive
	offenses involving the use or exhibition of a less-lethal
	projectile device by a peace officer.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Chapter 22, Penal Code, is amended by adding
	Section 22.065 to read as follows:
	Sec. 22.065. DEFENSE TO CERTAIN ASSAULTIVE OFFENSES
	INVOLVING LESS-LETHAL PROJECTILE DEVICE BY PEACE OFFICER. (a) In
	this section, "less-lethal projectile device" means any weapon,
	device, or munition that deploys a projectile that is designed or
	intended to temporarily incapacitate the target while minimizing
	the risk of serious bodily injury or death.
	(b) It is a defense to prosecution of an offense under
	Section 22.01, 22.02, 22.04, or 22.05 that:
	(1) the conduct constituting the offense involved the
	use or exhibition of a less-lethal projectile device;
	(2) the actor used or exhibited the device while
	discharging the actor's official duties as a peace officer; and
	(3) the actor did not intend to cause serious bodily
	injury or death when using or exhibiting the device.
	SECTION 2. The change in law made by this Act applies to
	conduct that occurs before, on, or after the effective date of this
	Act, except that a final conviction for an offense that exists on
	the effective date of this Act is unaffected by this Act.
	SECTION 3. This Act takes effect on the 91st day after the
	last day of the legislative session.