HB 1459 Texas House · 89th Legislature (2025)

Relating to the conduct that constitutes the use of a deadly weapon for purposes of the prosecution of the offense of aggravated assault or aggravated sexual assault.

HB 1459 clarifies that transmitting bodily fluids when infected with HIV does not count as "using a deadly weapon" in aggravated assault or aggravated sexual assault cases under Texas law. The bill amends Sections 22.02 and 22.021 of the Penal Code to explicitly exclude HIV transmission from the definition of a deadly weapon for these offenses. This change specifically affects individuals with HIV who might face such charges related to bodily fluid exposure, ensuring the transmission itself is not treated as a deadly weapon. The law applies only to offenses committed on or after September 1, 2025, leaving past cases governed by prior law.
Bill status in committee 1 of 4 stages cleared
Introduction
Mar 2025
Committee Review
Floor Vote
Governor
Introduced Mar 11, 2025 Last action Mar 11, 2025
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Total actions
3
Key actions
0
Committee
1
Mar 11, 2025
Committee
Referred to Criminal Jurisprudence
lower
Mar 11, 2025
Introduced
Read first time
lower
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of Venton Jones
Venton Jones
DDemocratic
TX
100