S.B. No. 1416
AN ACT
relating to the creation of the offense of possession, manufacture,
transportation, repair, or sale of a tire deflation device and to
the offense of attempting to evade arrest through the use of a
vehicle or a tire deflation device; providing criminal penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 46.01, Penal Code, is amended by adding
Subdivision (17) to read as follows:
(17) "Tire deflation device" means a device, including
a caltrop or spike strip, that, when driven over, impedes or stops
the movement of a wheeled vehicle by puncturing one or more of the
vehicle's tires. The term does not include a traffic control device
that:
(A) is designed to puncture one or more of a
vehicle's tires when driven over in a specific direction; and
(B) has a clearly visible sign posted in close
proximity to the traffic control device that prohibits entry or
warns motor vehicle operators of the traffic control device.
SECTION 2. Subsections (a), (d), and (e), Section 46.05,
Penal Code, are amended to read as follows:
(a) A person commits an offense if the person [he]
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;
(7) armor-piercing ammunition;
(8) a chemical dispensing device; [or]
(9) a zip gun; or
(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, [or] short-barrel firearm, or tire
deflation device solely as an antique or curio; [or]
(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), (7),
(8), or (9) [this section] is a felony of the third degree [unless
it is committed under Subsection (a)(5) or (a)(6), in which event,
it is a Class A misdemeanor]. An offense under Subsection (a)(10)
is a state jail felony. An offense under Subsection (a)(5) or (6)
is a Class A misdemeanor.
SECTION 3. Subsections (b) and (c), Section 38.04, Penal
Code, are amended to read as follows:
(b) An offense under this section is a Class A misdemeanor,
except that the offense is:
(1) a state jail felony if[:
[(A)] the actor has been previously convicted
under this section; [or
[(B) the actor uses a vehicle while the actor is
in flight and the actor has not been previously convicted under this
section;]
(2) a felony of the third degree if:
(A) the actor uses a vehicle while the actor is in
flight [and the actor has been previously convicted under this
section]; [or]
(B) another suffers serious bodily injury as a
direct result of an attempt by the officer from whom the actor is
fleeing to apprehend the actor while the actor is in flight; or
(C) the actor uses a tire deflation device
against the officer while the actor is in flight; or
(3) a felony of the second degree if:
(A) another suffers death as a direct result of
an attempt by the officer from whom the actor is fleeing to
apprehend the actor while the actor is in flight; or
(B) another suffers serious bodily injury as a
direct result of the actor's use of a tire deflation device while
the actor is in flight.
(c) In this section:
(1) "Vehicle"[, "vehicle"] has the meaning assigned by
Section 541.201, Transportation Code.
(2) "Tire deflation device" has the meaning assigned
by Section 46.01.
SECTION 4. Section 38.04, Penal Code, as amended 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 5. This Act takes effect September 1, 2011.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1416 passed the Senate on
April 11, 2011, by the following vote: Yeas 31, Nays 0; and that
the Senate concurred in House amendment on May 27, 2011, by the
following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1416 passed the House, with
amendment, on May 20, 2011, by the following vote: Yeas 147,
Nays 0, two present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor