Bill > HB1459

This bill clarifies that the transmission of bodily fluid by an individual infected with human immunodeficiency virus (HIV) does not constitute the use of a deadly weapon for the purposes of prosecuting aggravated assault or aggravated sexual assault. Specifically, the bill amends two sections of the Texas Penal Code (Sections 22.02 and 22.021) to explicitly state that HIV transmission should not be considered as using a deadly weapon in these criminal contexts. The changes will only apply to offenses committed on or after September 1, 2025, which is the bill's specified effective date. For offenses committed before that date, the previous legal interpretation will continue to apply. This modification appears to address potential legal interpretations that might have previously considered HIV transmission as equivalent to using a deadly weapon in assault or sexual assault cases.

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https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=HB1459