83R4851 JRR-D
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.