H.B. No. 2458 proposes an amendment to Section 22.02 of the Penal Code, introducing a new defense to prosecution for aggravated assault. The bill adds Subsection (a-1), which states that it is a defense under Subsection (a)(2) if the actor threatened to cause death or serious bodily injury by exhibiting a deadly weapon, provided that the threat is justified under Chapter 9 and the actor reasonably believed that creating apprehension of using the weapon was immediately necessary to defend against another's unlawful force or deadly force.

The changes made by this bill will only apply to offenses committed on or after its effective date of September 1, 2025. Offenses committed prior to this date will continue to be governed by the law in effect at that time, ensuring that the previous legal standards remain applicable for those cases.

Statutes affected:
Introduced: Penal Code 22.02 (Penal Code 22)