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.