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Bill > HB372
TX HB372
TX HB372Relating to the affirmative defense to prosecution for a criminal offense for persons acting under duress.
summary
Introduced
11/12/2024
11/12/2024
In Committee
02/28/2025
02/28/2025
Crossed Over
Passed
Dead
06/02/2025
06/02/2025
Introduced Session
89th Legislature Regular Session
Bill Summary
AN ACT relating to the affirmative defense to prosecution for a criminal offense for persons acting under duress.
AI Summary
This bill modifies the legal standard for the affirmative defense of compulsion (also known as duress) in the Texas Penal Code by changing how a person's response to forceful pressure is evaluated. Specifically, the bill replaces the existing language about "reasonable firmness" with a new standard that considers whether a reasonable person in the defendant's specific situation would be incapable of resisting the pressure. This change introduces a more contextual and individualized assessment of duress, requiring courts to evaluate the defendant's circumstances more holistically when determining whether compulsion can be used as a legal defense. The bill will apply only to offenses committed on or after September 1, 2025, meaning that for any crimes committed before that date, the previous legal standard will still be used. This modification aims to provide a more nuanced approach to understanding how individuals might respond to threats or force that compel them to commit criminal acts.
Committee Categories
Justice
Sponsors (1)
Last Action
Referred to Criminal Jurisprudence (on 02/28/2025)
Official Document
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=HB372 |
| BillText | https://capitol.texas.gov/tlodocs/89R/billtext/html/HB00372I.htm |
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