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AN ACT
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relating to the prosecution of the offense of deadly conduct. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 22.05, Penal Code, is amended by |
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amending Subsection (c) and adding Subsection (f) to read as |
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follows: |
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(c) Except as otherwise provided by this subsection, |
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recklessness [Recklessness] and danger are presumed if the actor |
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knowingly pointed a firearm at or in the direction of another |
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whether or not the actor believed the firearm to be loaded. The |
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presumption under this subsection does not apply to a peace officer |
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engaged in the lawful discharge of the officer's official duties. |
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(f) Subsection (b)(1) does not apply to a peace officer if, |
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at the time of the offense, the officer: |
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(1) was engaged in the actual discharge of the |
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officer's official duties; and |
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(2) reasonably believed the discharge of the officer's |
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firearm was justified under Chapter 9. |
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SECTION 2. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 3. This Act takes effect September 1, 2025. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 1637 passed the Senate on |
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April 9, 2025, by the following vote: Yeas 27, Nays 3; and that the |
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Senate concurred in House amendment on June 1, 2025, by the |
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following vote: Yeas 28, Nays 3. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 1637 passed the House, with |
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amendment, on April 30, 2025, by the following vote: Yeas 102, |
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Nays 41, two present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |