Texas 2017 - 85th Regular

Texas House Bill HB1935 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Frullo, et al. (Senate Sponsor - Whitmire) H.B. No. 1935
2		-	(In the Senate - Received from the House May 10, 2017;
3		-	May 10, 2017, read first time and referred to Committee on Criminal
4		-	Justice; May 19, 2017, reported favorably by the following vote:
5		-	Yeas 6, Nays 0; May 19, 2017, sent to printer.)
6		-	Click here to see the committee vote
	1	+	H.B. No. 1935
7	2
8	3
9		-	A BILL TO BE ENTITLED
10	4		AN ACT
11	5		relating to the carrying of certain knives; creating a criminal
12	6		offense.
13	7		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	8		SECTION 1. Section 52.031(a), Family Code, is amended to
15	9		read as follows:
16	10		(a) A juvenile board may establish a first offender program
17	11		under this section for the referral and disposition of children
18	12		taken into custody, or accused prior to the filing of a criminal
19	13		charge, of:
20	14		(1) conduct indicating a need for supervision;
21	15		(2) a Class C misdemeanor, other than a traffic
22	16		offense; or
23	17		(3) delinquent conduct other than conduct that
24	18		constitutes:
25	19		(A) a felony of the first, second, or third
26	20		degree, an aggravated controlled substance felony, or a capital
27	21		felony; or
28	22		(B) a state jail felony or misdemeanor involving
29	23		violence to a person or the use or possession of a firearm,
30	24		location-restricted [illegal] knife, or club, as those terms are
31	25		defined by Section 46.01, Penal Code, or a prohibited weapon, as
32	26		described by Section 46.05, Penal Code.
33	27		SECTION 2. Section 53.01(d), Family Code, is amended to
34	28		read as follows:
35	29		(d) Unless the juvenile board approves a written procedure
36	30		proposed by the office of prosecuting attorney and chief juvenile
37	31		probation officer which provides otherwise, if it is determined
38	32		that the person is a child and, regardless of a finding of probable
39	33		cause, or a lack thereof, there is an allegation that the child
40	34		engaged in delinquent conduct of the grade of felony, or conduct
41	35		constituting a misdemeanor offense involving violence to a person
42	36		or the use or possession of a firearm, location-restricted
43	37		[illegal] knife, or club, as those terms are defined by Section
44	38		46.01, Penal Code, or prohibited weapon, as described by Section
45	39		46.05, Penal Code, the case shall be promptly forwarded to the
46	40		office of the prosecuting attorney, accompanied by:
47	41		(1) all documents that accompanied the current
48	42		referral; and
49	43		(2) a summary of all prior referrals of the child to
50	44		the juvenile court, juvenile probation department, or a detention
51	45		facility.
52	46		SECTION 3. Section 46.01(6), Penal Code, is amended to read
53	47		as follows:
54	48		(6) "Location-restricted [Illegal] knife" means a[:
55	49		[(A)] knife with a blade over five and one-half
56	50		inches[;
57	51		[(B) hand instrument designed to cut or stab
58	52		another by being thrown;
59	53		[(C) dagger, including but not limited to a dirk,
60	54		stiletto, and poniard;
61	55		[(D) bowie knife;
62	56		[(E) sword; or
63	57		[(F) spear].
64	58		SECTION 4. Section 46.02, Penal Code, is amended by
65	59		amending Subsections (a) and (b) and adding Subsections (a-4) and
66	60		(d) to read as follows:
67	61		(a) A person commits an offense if the person:
68	62		(1) intentionally, knowingly, or recklessly carries
69	63		on or about his or her person a handgun[, illegal knife,] or club;
70	64		and
71	65		(2) [if the person] is not:
72	66		(A) [(1)] on the person's own premises or
73	67		premises under the person's control; or
74	68		(B) [(2)] inside of or directly en route to a
75	69		motor vehicle or watercraft that is owned by the person or under the
76	70		person's control.
77	71		(a-4) A person commits an offense if the person:
78	72		(1) intentionally, knowingly, or recklessly carries
79	73		on or about his or her person a location-restricted knife;
80	74		(2) is younger than 18 years of age at the time of the
81	75		offense; and
82	76		(3) is not:
83	77		(A) on the person's own premises or premises
84	78		under the person's control;
85	79		(B) inside of or directly en route to a motor
86	80		vehicle or watercraft that is owned by the person or under the
87	81		person's control; or
88	82		(C) under the direct supervision of a parent or
89	83		legal guardian of the person.
90	84		(b) Except as provided by Subsection (c) or (d), an offense
91	85		under this section is a Class A misdemeanor.
92	86		(d) An offense under Subsection (a-4) is a Class C
93	87		misdemeanor.
94	88		SECTION 5. Section 46.03, Penal Code, is amended by
95	89		amending Subsections (a) and (g) and adding Subsections (a-1) and
96	90		(g-1) to read as follows:
97	91		(a) A person commits an offense if the person intentionally,
98	92		knowingly, or recklessly possesses or goes with a firearm,
99	93		location-restricted [illegal] knife, club, or prohibited weapon
100	94		listed in Section 46.05(a):
101	95		(1) on the physical premises of a school or
102	96		educational institution, any grounds or building on which an
103	97		activity sponsored by a school or educational institution is being
104	98		conducted, or a passenger transportation vehicle of a school or
105	99		educational institution, whether the school or educational
106	100		institution is public or private, unless:
107	101		(A) pursuant to written regulations or written
108	102		authorization of the institution; or
109	103		(B) the person possesses or goes with a concealed
110	104		handgun that the person is licensed to carry under Subchapter H,
111	105		Chapter 411, Government Code, and no other weapon to which this
112	106		section applies, on the premises of an institution of higher
113	107		education or private or independent institution of higher
114	108		education, on any grounds or building on which an activity
115	109		sponsored by the institution is being conducted, or in a passenger
116	110		transportation vehicle of the institution;
117	111		(2) on the premises of a polling place on the day of an
118	112		election or while early voting is in progress;
119	113		(3) on the premises of any government court or offices
120	114		utilized by the court, unless pursuant to written regulations or
121	115		written authorization of the court;
122	116		(4) on the premises of a racetrack;
123	117		(5) in or into a secured area of an airport; or
124	118		(6) within 1,000 feet of premises the location of
125	119		which is designated by the Texas Department of Criminal Justice as a
126	120		place of execution under Article 43.19, Code of Criminal Procedure,
127	121		on a day that a sentence of death is set to be imposed on the
128	122		designated premises and the person received notice that:
129	123		(A) going within 1,000 feet of the premises with
130	124		a weapon listed under this subsection was prohibited; or
131	125		(B) possessing a weapon listed under this
132	126		subsection within 1,000 feet of the premises was prohibited.
133	127		(a-1) A person commits an offense if the person
134	128		intentionally, knowingly, or recklessly possesses or goes with a
135	129		location-restricted knife:
136	130		(1) on the premises of a business that has a permit or
137	131		license issued under Chapter 25, 28, 32, 69, or 74, Alcoholic
138	132		Beverage Code, if the business derives 51 percent or more of its
139	133		income from the sale or service of alcoholic beverages for
140	134		on-premises consumption, as determined by the Texas Alcoholic
141	135		Beverage Commission under Section 104.06, Alcoholic Beverage Code;
142	136		(2) on the premises where a high school, collegiate,
143	137		or professional sporting event or interscholastic event is taking
144	138		place, unless the person is a participant in the event and a
145	139		location-restricted knife is used in the event;
146	140		(3) on the premises of a correctional facility;
147	141		(4) on the premises of a hospital licensed under
148	142		Chapter 241, Health and Safety Code, or on the premises of a nursing
149	143		facility licensed under Chapter 242, Health and Safety Code, unless
150	144		the person has written authorization of the hospital or nursing
151	145		facility administration, as appropriate;
152	146		(5) on the premises of a mental hospital, as defined by
153	147		Section 571.003, Health and Safety Code, unless the person has
154	148		written authorization of the mental hospital administration;
155	149		(6) in an amusement park; or
156	150		(7) on the premises of a church, synagogue, or other
157	151		established place of religious worship.
158	152		(g) Except as provided by Subsection (g-1), an [An] offense
159	153		under this section is a felony of the third degree [felony].
160	154		(g-1) If the weapon that is the subject of the offense is a
161	155		location-restricted knife, an offense under this section is a Class
162	156		C misdemeanor, except that the offense is a felony of the third
163	157		degree if the offense is committed under Subsection (a)(1).
164	158		SECTION 6. Section 46.03(c)(2), Penal Code, is amended to
165	159		read as follows:
166	160		(2) "Amusement park" and "premises" have ["Premises"
167	161		has] the meanings [meaning] assigned by Section 46.035.
168	162		SECTION 7. Section 46.06(a), Penal Code, is amended to read
169	163		as follows:
170	164		(a) A person commits an offense if the person:
171	165		(1) sells, rents, leases, loans, or gives a handgun to
172	166		any person knowing that the person to whom the handgun is to be
173	167		delivered intends to use it unlawfully or in the commission of an
174	168		unlawful act;
175	169		(2) intentionally or knowingly sells, rents, leases,
176	170		or gives or offers to sell, rent, lease, or give to any child
177	171		younger than 18 years of age any firearm, club, or
178	172		location-restricted [illegal] knife;
179	173		(3) intentionally, knowingly, or recklessly sells a
180	174		firearm or ammunition for a firearm to any person who is
181	175		intoxicated;
182	176		(4) knowingly sells a firearm or ammunition for a
183	177		firearm to any person who has been convicted of a felony before the
184	178		fifth anniversary of the later of the following dates:
185	179		(A) the person's release from confinement
186	180		following conviction of the felony; or
187	181		(B) the person's release from supervision under
188	182		community supervision, parole, or mandatory supervision following
189	183		conviction of the felony;
190	184		(5) sells, rents, leases, loans, or gives a handgun to
191	185		any person knowing that an active protective order is directed to
192	186		the person to whom the handgun is to be delivered; or
193	187		(6) knowingly purchases, rents, leases, or receives as
194	188		a loan or gift from another a handgun while an active protective
195	189		order is directed to the actor.
196	190		SECTION 8. Section 46.15(e), Penal Code, is amended to read
197	191		as follows:
198	192		(e) [The provisions of] Section 46.02(a-4) does [46.02
199	193		prohibiting the carrying of an illegal knife do] not apply to an
200	194		individual carrying a location-restricted knife [bowie knife or a
201	195		sword] used in a historical demonstration or in a ceremony in which
202	196		the knife [or sword] is significant to the performance of the
203	197		ceremony.
204	198		SECTION 9. The changes in law made by this Act apply only to
205	199		an offense committed or conduct that occurs on or after the
206	200		effective date of this Act. An offense committed or conduct that
207	201		occurs before the effective date of this Act is governed by the law
208	202		in effect on the date the offense was committed or the conduct
209	203		occurred, and the former law is continued in effect for that
210	204		purpose. For purposes of this section, an offense is committed or
211	205		conduct occurs before the effective date of this Act if any element
212	206		of the offense or the conduct occurs before that date.
213	207		SECTION 10. This Act takes effect September 1, 2017.
214		-	* * * * *
	208	+	______________________________ ______________________________
	209	+	President of the Senate Speaker of the House
	210	+	I certify that H.B. No. 1935 was passed by the House on May 9,
	211	+	2017, by the following vote: Yeas 131, Nays 1, 1 present, not
	212	+	voting.
	213	+	______________________________
	214	+	Chief Clerk of the House
	215	+	I certify that H.B. No. 1935 was passed by the Senate on May
	216	+	24, 2017, by the following vote: Yeas 30, Nays 1.
	217	+	______________________________
	218	+	Secretary of the Senate
	219	+	APPROVED: _____________________
	220	+	Date
	221	+	_____________________
	222	+	Governor