H.B. No. 2458 proposes an amendment to the Texas Penal Code regarding defenses to prosecution for aggravated assault. The bill introduces a new subsection (a-1) to Section 22.02, which establishes that it is a valid defense against prosecution 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 of the Penal Code. Additionally, the actor must reasonably believe that creating apprehension of using the deadly weapon is immediately necessary to defend against another's unlawful force or deadly force.

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

Statutes affected:
Introduced: Penal Code 22.02 (Penal Code 22)
House Committee Report: Penal Code 22.02 (Penal Code 22)
Engrossed: Penal Code 22.02 (Penal Code 22)