| 1 | 1 | | H.B. No. 4456 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | AN ACT |
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| 5 | 5 | | relating to the definition of a switchblade knife for purposes of |
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| 6 | 6 | | the offense of prohibited weapons. |
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| 7 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 8 | | SECTION 1. Section 46.01(11), Penal Code, is amended to |
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| 9 | 9 | | read as follows: |
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| 10 | 10 | | (11) "Switchblade knife" means any knife that has a |
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| 11 | 11 | | blade that folds, closes, or retracts into the handle or sheath[,] |
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| 12 | 12 | | and that[: |
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| 13 | 13 | | [(A)] opens automatically by pressure applied to |
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| 14 | 14 | | a button or other device located on the handle[;] or |
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| 15 | 15 | | [(B)] opens or releases a blade from the handle |
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| 16 | 16 | | or sheath by the force of gravity or by the application of |
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| 17 | 17 | | centrifugal force. The term does not include a knife that has a |
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| 18 | 18 | | spring, detent, or other mechanism designed to create a bias toward |
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| 19 | 19 | | closure and that requires exertion applied to the blade by hand, |
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| 20 | 20 | | wrist, or arm to overcome the bias toward closure and open the |
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| 21 | 21 | | knife. |
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| 22 | 22 | | SECTION 2. The change in law made by this Act applies only |
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| 23 | 23 | | to an offense committed on or after the effective date of this Act. |
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| 24 | 24 | | An offense committed before the effective date of this Act is |
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| 25 | 25 | | covered by the law in effect when the offense was committed, and the |
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| 26 | 26 | | former law is continued in effect for that purpose. For purposes of |
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| 27 | 27 | | this section, an offense was committed before the effective date of |
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| 28 | 28 | | this Act if any element of the offense was committed before that |
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| 29 | 29 | | date. |
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| 30 | 30 | | SECTION 3. This Act takes effect September 1, 2009. |
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| 31 | 31 | | ______________________________ ______________________________ |
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| 32 | 32 | | President of the Senate Speaker of the House |
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| 33 | 33 | | I certify that H.B. No. 4456 was passed by the House on May |
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| 34 | 34 | | 12, 2009, by the following vote: Yeas 149, Nays 0, 1 present, not |
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| 35 | 35 | | voting; and that the House concurred in Senate amendments to H.B. |
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| 36 | 36 | | No. 4456 on May 29, 2009, by the following vote: Yeas 144, Nays 0, |
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| 37 | 37 | | 1 present, not voting. |
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| 38 | 38 | | ______________________________ |
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| 39 | 39 | | Chief Clerk of the House |
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| 40 | 40 | | I certify that H.B. No. 4456 was passed by the Senate, with |
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| 41 | 41 | | amendments, on May 27, 2009, by the following vote: Yeas 31, Nays |
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| 42 | 42 | | 0. |
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| 43 | 43 | | ______________________________ |
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| 44 | 44 | | Secretary of the Senate |
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| 45 | 45 | | APPROVED: __________________ |
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| 46 | 46 | | Date |
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| 47 | 47 | | __________________ |
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| 48 | 48 | | Governor |
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