Texas HB4940 amends the Penal Code to allow a defense for certain intoxication offenses if alcohol was introduced into the body after the charged.
Texas HB4940 amends Chapter 49 of the Penal Code by adding Section 49.015. This new section allows a defense in the prosecution of intoxication offenses if it can be shown that alcohol was introduced into the person's body after the charged conduct but before the analysis was performed. This defense applies to offenses committed on or after the effective date of the Act, which is September 1, 2025. The law does not apply retroactively to offenses committed before this date.
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