| 1 | 1 | | By: Deuell S.B. No. 2411 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to the definition of a switchblade knife for purposes of |
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| 7 | 7 | | the offense of prohibited weapons. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Section 46.01(11), Penal Code, is amended to |
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| 10 | 10 | | read as follows: |
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| 11 | 11 | | (11) "Switchblade knife" means any knife that has a |
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| 12 | 12 | | blade that folds, closes, or retracts into the handle or sheath[,] |
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| 13 | 13 | | and that[: |
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| 14 | 14 | | [(A)] opens automatically by pressure applied to |
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| 15 | 15 | | a button or other device located on the handle[;] or |
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| 16 | 16 | | [(B)] opens or releases a blade from the handle |
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| 17 | 17 | | or sheath by the force of gravity or by the application of |
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| 18 | 18 | | centrifugal force. The term does not include a knife that has a |
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| 19 | 19 | | spring, detent, or other mechanism designed to create a bias toward |
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| 20 | 20 | | closure and that requires exertion applied to the blade by hand, |
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| 21 | 21 | | wrist, or arm to overcome resistance and open the 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 occurred 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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