H.B. No. 372 amends Section 8.05(c) of the Penal Code to clarify the definition of "compulsion" in the context of an affirmative defense for individuals acting under duress. The bill specifies that compulsion exists only if the force or threat of force would render a "reasonable person in the situation of the defendant" incapable of resisting the pressure, replacing the previous standard of "reasonable firmness." This change aims to provide a clearer standard for evaluating claims of duress in criminal cases.
The bill stipulates that the changes will apply only to offenses committed on or after its effective date of September 1, 2025. Offenses committed before this date will continue to be governed by the law in effect at the time of the offense, ensuring that individuals are not retroactively affected by the new legal standard.
Statutes affected: Introduced: Penal Code 8.05 (Penal Code 8)