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Bill > HB372


TX HB372

TX HB372
Relating to the affirmative defense to prosecution for a criminal offense for persons acting under duress.


summary

Introduced
11/12/2024
In Committee
02/28/2025
Crossed Over
Passed
Dead
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)

bill text


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