83R7886 JRR-D
By: Dutton H.B. No. 1862
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. 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 2. 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 3. This Act takes effect September 1, 2013.