HB 2458 Texas House · 89th Legislature (2025)

Relating to a defense to prosecution for the offense of aggravated assault.

HB 2458 adds a new defense for people accused of aggravated assault in Texas. It allows a defendant to claim they threatened to use a deadly weapon if two conditions were met: the threat would have been justified under self-defense law (Chapter 9 of the Penal Code), and they reasonably believed the threat was immediately necessary to defend against another person’s unlawful force or deadly force. This defense only applies to offenses committed on or after September 1, 2025. The bill modifies Texas law to clarify when threatening to use a weapon can be part of a valid self-defense claim in aggravated assault cases.
Bill status passed 3 of 5 stages cleared
Introduction
Mar 2025
Committee Review
May 2025
House Passage
May 2025
Senate Passage
Governor
Introduced Mar 17, 2025 Last action May 14, 2025
Maddy AI version diff · 1 comparison

What changed between versions

Introduced Engrossed · 3 edits · May 13, 2025
MINOR
This bill adds a new legal defense for aggravated assault charges when a person threatens death or serious bodily injury by exhibiting a deadly weapon. The defense applies only if the threat would be justified under existing self-defense laws and the person reasonably believed immediate use of force was necessary. This expands available defenses for individuals facing aggravated assault charges under specific circumstances.
Scope change
The bill adds a new subsection to Section 22.02 of the Texas Penal Code, creating an additional defense mechanism for aggravated assault cases.
ELIGIBILITY

New defense allowing individuals to claim they threatened death or serious bodily injury by exhibiting a deadly weapon when such threat would be justified under Chapter 9 self-defense laws

REQUIREMENT

Defense requires the actor to reasonably believe creating apprehension about deadly weapon use was immediately necessary to defend against unlawful force

TIMELINE

Bill takes effect September 1, 2025, with retroactive application rules for offenses committed before that date

Floor votes · House May 13, 2025

How they voted

11916
Passed · 6 other
Total votes 141
May 13, 2025
D Democratic56
38 Yea 15 Nay 3
67% Yea
R Republican85
81 Yea 1 Nay 3
95% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
25
Key actions
7
Committee
7
May 14, 2025
Committee
Referred to Criminal Justice
upper
May 14, 2025
Introduced
Read first time
upper
May 14, 2025
Introduced
Received from the House
upper
May 13, 2025
Lower · Passed
Passed
lower
May 12, 2025
Lower · Passed
Passed to engrossment
lower
Apr 28, 2025
Lower · Passed
Committee report sent to Calendars
lower
Apr 25, 2025
Lower · Passed
Committee report distributed
lower
Apr 22, 2025
Lower · Passed
Reported favorably w/o amendment(s)
lower
Apr 15, 2025
Lower · Passed
Left pending in committee
lower
Apr 15, 2025
Lower · Passed
Testimony taken/registration(s) recorded in committee
lower
Mar 17, 2025
Committee
Referred to Criminal Jurisprudence
lower
Mar 17, 2025
Introduced
Read first time
lower
3 primary · 20 co-sponsors

Sponsors