By: Dutton H.B. No. 936
A BILL TO BE ENTITLED
AN ACT
relating to the criminal consequences of engaging in certain conduct with respect to a switchblade knife.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 46.03(a), Penal Code, is amended to read as follows:
(a) A person commits an offense if the person intentionally, knowingly, or recklessly possesses or goes with a firearm, illegal knife, switchblade knife, club, or prohibited weapon listed in Section 46.05(a):
(1) on the physical premises of a school or educational institution, any grounds or building on which an activity sponsored by a school or educational institution is being conducted, or a passenger transportation vehicle of a school or educational institution, whether the school or educational institution is public or private, unless pursuant to written regulations or written authorization of the institution;
(2) on the premises of a polling place on the day of an election or while early voting is in progress;
(3) on the premises of any government court or offices utilized by the court, unless pursuant to written regulations or written authorization of the court;
(4) on the premises of a racetrack;
(5) in or into a secured area of an airport; or
(6) within 1,000 feet of premises the location of which is designated by the Texas Department of Criminal Justice as a place of execution under Article 43.19, Code of Criminal Procedure, on a day that a sentence of death is set to be imposed on the designated premises and the person received notice that:
(A) going within 1,000 feet of the premises with a weapon listed under this subsection was prohibited; or
(B) possessing a weapon listed under this subsection within 1,000 feet of the premises was prohibited.
SECTION 2. Sections 46.05(a), (d), and (e), Penal Code, are amended to read as follows:
(a) A person commits an offense if the person intentionally or knowingly possesses, manufactures, transports, repairs, or sells:
(1) an explosive weapon;
(2) a machine gun;
(3) a short-barrel firearm;
(4) a firearm silencer;
(5) [a switchblade knife;
[(6)] knuckles;
(6) [(7)] armor-piercing ammunition;
(7) [(8)] a chemical dispensing device;
(8) [(9)] a zip gun; or
(9) [(10)] a tire deflation device.
(d) It is an affirmative defense to prosecution under this section that the actor's conduct:
(1) was incidental to dealing with a [switchblade knife, springblade knife,] short-barrel firearm[,] or tire deflation device solely as an antique or curio;
(2) was incidental to dealing with armor-piercing ammunition solely for the purpose of making the ammunition available to an organization, agency, or institution listed in Subsection (b); or
(3) was incidental to dealing with a tire deflation device solely for the purpose of making the device available to an organization, agency, or institution listed in Subsection (b).
(e) An offense under Subsection (a)(1), (2), (3), (4), (6), (7), or (8)[, or (9)] is a felony of the third degree. An offense under Subsection (a)(9) [(a)(10)] is a state jail felony. An offense under Subsection (a)(5) [or (6)] is a Class A misdemeanor.
SECTION 3. Section 37.007(a), Education Code, is amended to read as follows:
(a) Except as provided by Subsection (k), a student shall be expelled from a school if the student, on school property or while attending a school-sponsored or school-related activity on or off of school property:
(1) uses, exhibits, or possesses:
(A) a firearm as defined by Section 46.01 [46.01(3)], Penal Code;
(B) an illegal knife as defined by Section 46.01 [46.01(6)], Penal Code, or by local policy;
(C) a switchblade knife as defined by Section 46.01, Penal Code;
(D) a club as defined by Section 46.01 [46.01(1)], Penal Code; or
(E) [(D)] a weapon listed as a prohibited weapon under Section 46.05, Penal Code;
(2) engages in conduct that contains the elements of the offense of:
(A) aggravated assault under Section 22.02, Penal Code, sexual assault under Section 22.011, Penal Code, or aggravated sexual assault under Section 22.021, Penal Code;
(B) arson under Section 28.02, Penal Code;
(C) murder under Section 19.02, Penal Code, capital murder under Section 19.03, Penal Code, or criminal attempt, under Section 15.01, Penal Code, to commit murder or capital murder;
(D) indecency with a child under Section 21.11, Penal Code;
(E) aggravated kidnapping under Section 20.04, Penal Code;
(F) aggravated robbery under Section 29.03, Penal Code;
(G) manslaughter under Section 19.04, Penal Code;
(H) criminally negligent homicide under Section 19.05, Penal Code; or
(I) continuous sexual abuse of young child or children under Section 21.02, Penal Code; or
(3) engages in conduct specified by Section 37.006(a)(2)(C) or (D), if the conduct is punishable as a felony.
SECTION 4. Section 52.031(a), Family Code, is amended to read as follows:
(a) A juvenile board may establish a first offender program under this section for the referral and disposition of children taken into custody for:
(1) conduct indicating a need for supervision; or
(2) delinquent conduct other than conduct that constitutes:
(A) a felony of the first, second, or third degree, an aggravated controlled substance felony, or a capital felony; or
(B) a state jail felony or misdemeanor involving violence to a person or the use or possession of a firearm, illegal knife, switchblade knife, or club, as those terms are defined by Section 46.01, Penal Code, or a prohibited weapon, as described by Section 46.05, Penal Code.
SECTION 5. Section 53.01(d), Family Code, is amended to read as follows:
(d) Unless the juvenile board approves a written procedure proposed by the office of prosecuting attorney and chief juvenile probation officer which provides otherwise, if it is determined that the person is a child and, regardless of a finding of probable cause, or a lack thereof, there is an allegation that the child engaged in delinquent conduct of the grade of felony, or conduct constituting a misdemeanor offense involving violence to a person or the use or possession of a firearm, illegal knife, switchblade knife, or club, as those terms are defined by Section 46.01, Penal Code, or prohibited weapon, as described by Section 46.05, Penal Code, the case shall be promptly forwarded to the office of the prosecuting attorney, accompanied by:
(1) all documents that accompanied the current referral; and
(2) a summary of all prior referrals of the child to the juvenile court, juvenile probation department, or a detention facility.
SECTION 6. The change in law made by this Act applies only to an offense committed on or after the effective date of this Act. An offense committed before the effective date of this Act is governed by the law in effect on the date the offense was committed, and the former law is continued in effect for that purpose. For purposes of this section, an offense was committed before the effective date of this Act if any element of the offense occurred before that date.
SECTION 7. This Act takes effect September 1, 2013.
A BILL TO BE ENTITLED
AN ACT
relating to the criminal consequences of engaging in certain conduct with respect to a switchblade knife.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 46.03(a), Penal Code, is amended to read as follows:
(a) A person commits an offense if the person intentionally, knowingly, or recklessly possesses or goes with a firearm, illegal knife, switchblade knife, club, or prohibited weapon listed in Section 46.05(a):
(1) on the physical premises of a school or educational institution, any grounds or building on which an activity sponsored by a school or educational institution is being conducted, or a passenger transportation vehicle of a school or educational institution, whether the school or educational institution is public or private, unless pursuant to written regulations or written authorization of the institution;
(2) on the premises of a polling place on the day of an election or while early voting is in progress;
(3) on the premises of any government court or offices utilized by the court, unless pursuant to written regulations or written authorization of the court;
(4) on the premises of a racetrack;
(5) in or into a secured area of an airport; or
(6) within 1,000 feet of premises the location of which is designated by the Texas Department of Criminal Justice as a place of execution under Article 43.19, Code of Criminal Procedure, on a day that a sentence of death is set to be imposed on the designated premises and the person received notice that:
(A) going within 1,000 feet of the premises with a weapon listed under this subsection was prohibited; or
(B) possessing a weapon listed under this subsection within 1,000 feet of the premises was prohibited.
SECTION 2. Sections 46.05(a), (d), and (e), Penal Code, are amended to read as follows:
(a) A person commits an offense if the person intentionally or knowingly possesses, manufactures, transports, repairs, or sells:
(1) an explosive weapon;
(2) a machine gun;
(3) a short-barrel firearm;
(4) a firearm silencer;
(5) [a switchblade knife;
[(6)] knuckles;
(6) [(7)] armor-piercing ammunition;
(7) [(8)] a chemical dispensing device;
(8) [(9)] a zip gun; or
(9) [(10)] a tire deflation device.
(d) It is an affirmative defense to prosecution under this section that the actor's conduct:
(1) was incidental to dealing with a [switchblade knife, springblade knife,] short-barrel firearm[,] or tire deflation device solely as an antique or curio;
(2) was incidental to dealing with armor-piercing ammunition solely for the purpose of making the ammunition available to an organization, agency, or institution listed in Subsection (b); or
(3) was incidental to dealing with a tire deflation device solely for the purpose of making the device available to an organization, agency, or institution listed in Subsection (b).
(e) An offense under Subsection (a)(1), (2), (3), (4), (6), (7), or (8)[, or (9)] is a felony of the third degree. An offense under Subsection (a)(9) [(a)(10)] is a state jail felony. An offense under Subsection (a)(5) [or (6)] is a Class A misdemeanor.
SECTION 3. Section 37.007(a), Education Code, is amended to read as follows:
(a) Except as provided by Subsection (k), a student shall be expelled from a school if the student, on school property or while attending a school-sponsored or school-related activity on or off of school property:
(1) uses, exhibits, or possesses:
(A) a firearm as defined by Section 46.01 [46.01(3)], Penal Code;
(B) an illegal knife as defined by Section 46.01 [46.01(6)], Penal Code, or by local policy;
(C) a switchblade knife as defined by Section 46.01, Penal Code;
(D) a club as defined by Section 46.01 [46.01(1)], Penal Code; or
(E) [(D)] a weapon listed as a prohibited weapon under Section 46.05, Penal Code;
(2) engages in conduct that contains the elements of the offense of:
(A) aggravated assault under Section 22.02, Penal Code, sexual assault under Section 22.011, Penal Code, or aggravated sexual assault under Section 22.021, Penal Code;
(B) arson under Section 28.02, Penal Code;
(C) murder under Section 19.02, Penal Code, capital murder under Section 19.03, Penal Code, or criminal attempt, under Section 15.01, Penal Code, to commit murder or capital murder;
(D) indecency with a child under Section 21.11, Penal Code;
(E) aggravated kidnapping under Section 20.04, Penal Code;
(F) aggravated robbery under Section 29.03, Penal Code;
(G) manslaughter under Section 19.04, Penal Code;
(H) criminally negligent homicide under Section 19.05, Penal Code; or
(I) continuous sexual abuse of young child or children under Section 21.02, Penal Code; or
(3) engages in conduct specified by Section 37.006(a)(2)(C) or (D), if the conduct is punishable as a felony.
SECTION 4. Section 52.031(a), Family Code, is amended to read as follows:
(a) A juvenile board may establish a first offender program under this section for the referral and disposition of children taken into custody for:
(1) conduct indicating a need for supervision; or
(2) delinquent conduct other than conduct that constitutes:
(A) a felony of the first, second, or third degree, an aggravated controlled substance felony, or a capital felony; or
(B) a state jail felony or misdemeanor involving violence to a person or the use or possession of a firearm, illegal knife, switchblade knife, or club, as those terms are defined by Section 46.01, Penal Code, or a prohibited weapon, as described by Section 46.05, Penal Code.
SECTION 5. Section 53.01(d), Family Code, is amended to read as follows:
(d) Unless the juvenile board approves a written procedure proposed by the office of prosecuting attorney and chief juvenile probation officer which provides otherwise, if it is determined that the person is a child and, regardless of a finding of probable cause, or a lack thereof, there is an allegation that the child engaged in delinquent conduct of the grade of felony, or conduct constituting a misdemeanor offense involving violence to a person or the use or possession of a firearm, illegal knife, switchblade knife, or club, as those terms are defined by Section 46.01, Penal Code, or prohibited weapon, as described by Section 46.05, Penal Code, the case shall be promptly forwarded to the office of the prosecuting attorney, accompanied by:
(1) all documents that accompanied the current referral; and
(2) a summary of all prior referrals of the child to the juvenile court, juvenile probation department, or a detention facility.
SECTION 6. The change in law made by this Act applies only to an offense committed on or after the effective date of this Act. An offense committed before the effective date of this Act is governed by the law in effect on the date the offense was committed, and the former law is continued in effect for that purpose. For purposes of this section, an offense was committed before the effective date of this Act if any element of the offense occurred before that date.
SECTION 7. This Act takes effect September 1, 2013.
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