H.B. No. ____ 1 AN ACT 2 relating to a defense to prosecution for the offense of aggravated 3 assault by certain persons producing a weapon in defense of self, third 4 person, or property. 5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 6 SECTION 1. Section 9.04, Penal Code, is amended to read as follows: 7 Sec. 9.04. THREATS AS JUSTIFIABLE FORCE. The threat of force is 8 justified when the use of force is justified by this chapter. For 9 purposes of this section, a threat to cause death or serious bodily 10 injury by the exhibition [production] of a weapon or otherwise, as long 11 as the actor's purpose is limited to creating an apprehension that he 12 will use deadly force if necessary, does not constitute the use of 13 deadly force. Conduct under this Section does not constitute an offense 14 under Sec. 22.02(a)(2). 15 SECTION 2. Section 22.02, Penal Code, is amended by amending 16 Subsection (a) to read as follows: 17 (a) A person commits an offense if the person commits assault as 18 defined in Sec. 22.01 and the person: 19 (1) causes serious bodily injury to another, including the 20 person's spouse; or 21 (2) uses by more than exhibition, [or exhibits] a deadly 22 weapon during the commission of the assault. 23 SECTION 3. This Act takes effect September 1, 2021. H.B. No. ____ ______________________________ ______________________________ President of the Senate Speaker of the House I hereby certify that H.B. No. ____ passed the House on ____ __, 2021, by the following vote: Yeas ___, Nays ___, ___ present not voting. ______________________________ Chief Clerk of the House I hereby certify that H.B. No. ____ passed the Senate on ____ __, 2021, by the following vote: Yeas ___, Nays ___, ___ present not voting. ______________________________ Secretary of the Senate Approved: ______________________________ Date ______________________________ Governor
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