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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. (a) In this section, |
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"less-lethal projectile device" means any weapon, device, or |
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munition that deploys a projectile that is designed or intended to |
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temporarily incapacitate the target while minimizing the risk of |
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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, or 22.05 that: |
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(1) the conduct constituting the threat or bodily |
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injury resulted from the use or exhibition of a less-lethal |
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projectile device; |
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(2) the actor reasonably believed the use or |
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exhibition of the device was immediately necessary to accomplish |
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the actor's official duties as a peace officer; |
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(3) the actor did not intentionally, knowingly, or |
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recklessly cause serious bodily injury or death when using or |
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exhibiting the device; and |
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(4) the actor used or exhibited the device in |
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substantial compliance with: |
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(A) the actor's training; |
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(B) the policies and procedures of the law |
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enforcement agency employing the actor; and |
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(C) the manufacturer's instructions for the |
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device. |
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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, 2023. |