Bill Text: TX SB2593 | 2023-2024 | 88th Legislature | Comm Sub
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: Bipartisan Bill
Status: (Engrossed - Dead) 2023-05-23 - Postponed 8/17/26 10:00 AM [SB2593 Detail]
Download: Texas-2023-SB2593-Comm_Sub.html
| 88R30938 MCF-F | ||
| By: Springer | S.B. No. 2593 | |
| (Moody) | ||
| Substitute the following for S.B. No. 2593: No. | ||
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| 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. (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, or 22.05 that: | ||
| (1) the conduct constituting the threat or bodily | ||
| injury resulted from the use or exhibition of a less-lethal | ||
| projectile device; | ||
| (2) the actor reasonably believed the use or | ||
| exhibition of the device was immediately necessary to accomplish | ||
| the actor's official duties as a peace officer; | ||
| (3) the actor did not intentionally, knowingly, or | ||
| recklessly cause serious bodily injury or death when using or | ||
| exhibiting the device; and | ||
| (4) the actor used or exhibited the device in | ||
| substantial compliance with: | ||
| (A) the actor's training; | ||
| (B) the policies and procedures of the law | ||
| enforcement agency employing the actor; and | ||
| (C) the manufacturer's instructions for the | ||
| device. | ||
| 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. | ||
