S.B. No. 1637 amends Section 22.05 of the Penal Code regarding the prosecution of the offense of deadly conduct. The bill introduces a presumption of recklessness and danger when an individual knowingly points a firearm at another person, regardless of whether the firearm is believed to be loaded. However, this presumption does not apply to peace officers who are engaged in the lawful discharge of their official duties. Additionally, the bill specifies that certain provisions do not apply to peace officers if they are acting within the scope of their duties and reasonably believe that the use of their firearm is justified under Chapter 9 of the Penal Code.
The changes made by this Act will only apply to offenses committed on or after its effective date of September 1, 2025. Offenses occurring before this date will continue to be governed by the law in effect at that time. This ensures that any actions taken prior to the enactment of the new provisions will not be subject to the updated legal standards.
Statutes affected: Introduced: Penal Code 22.05 (Penal Code 22)
Senate Committee Report: Penal Code 22.05 (Penal Code 22)
Engrossed: Penal Code 22.05 (Penal Code 22)
House Committee Report: Penal Code 22.05 (Penal Code 22)
Enrolled: Penal Code 22.05 (Penal Code 22)