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A BILL TO BE ENTITLED
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AN ACT
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relating to a defense to prosecution for certain assaultive |
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offenses involving the use or exhibition of a less-lethal |
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projectile device by a peace officer. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 22, Penal Code, is amended by adding |
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Section 22.065 to read as follows: |
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Sec. 22.065. DEFENSE TO CERTAIN ASSAULTIVE OFFENSES |
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INVOLVING LESS-LETHAL PROJECTILE DEVICE BY PEACE OFFICER. (a) In |
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this section, "less-lethal projectile device" means any weapon, |
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device, or munition that deploys a projectile that is designed or |
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intended to temporarily incapacitate the target while minimizing |
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the risk of serious bodily injury or death. |
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(b) It is a defense to prosecution of an offense under |
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Section 22.01, 22.02, 22.04, or 22.05 that: |
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(1) the conduct constituting the offense involved the |
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use or exhibition of a less-lethal projectile device; |
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(2) the actor used or exhibited the device while |
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discharging the actor's official duties as a peace officer; and |
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(3) the actor did not intend to cause serious bodily |
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injury or death when using or exhibiting the device. |
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SECTION 2. The change in law made by this Act applies to |
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conduct that occurs before, on, or after the effective date of this |
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Act, except that a final conviction for an offense that exists on |
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the effective date of this Act is unaffected by this Act. |
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SECTION 3. This Act takes effect September 1, 2023. |