| 1 | 1 | | 88R14225 TSS-D |
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| 2 | 2 | | By: Frazier H.B. No. 4165 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the possession of a knife, knuckles, or a switchblade |
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| 8 | 8 | | knife on the grounds or in the building of a public school; creating |
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| 9 | 9 | | a criminal offense. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Subchapter E, Chapter 37, Education Code, is |
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| 12 | 12 | | amended by adding Section 37.127 to read as follows: |
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| 13 | 13 | | Sec. 37.127. POSSESSION OF CERTAIN WEAPONS ON PUBLIC SCHOOL |
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| 14 | 14 | | GROUNDS. (a) In this section: |
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| 15 | 15 | | (1) "Knife" means any bladed hand instrument that is |
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| 16 | 16 | | capable of inflicting serious bodily injury or death by cutting or |
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| 17 | 17 | | stabbing a person with the instrument. |
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| 18 | 18 | | (2) "Knuckles" means any instrument that consists of |
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| 19 | 19 | | finger rings or guards made of a hard substance and that is |
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| 20 | 20 | | designed, made, or adapted for the purpose of inflicting serious |
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| 21 | 21 | | bodily injury or death by striking a person with a fist enclosed in |
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| 22 | 22 | | the knuckles. |
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| 23 | 23 | | (3) "Switchblade knife" means any knife that has a |
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| 24 | 24 | | blade that folds, closes, or retracts into the handle or sheath, and |
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| 25 | 25 | | that: |
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| 26 | 26 | | (A) opens automatically by pressure applied to a |
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| 27 | 27 | | button or other device located on the handle; or |
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| 28 | 28 | | (B) opens or releases a blade from the handle or |
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| 29 | 29 | | sheath by the force of gravity or by the application of centrifugal |
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| 30 | 30 | | force. |
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| 31 | 31 | | (b) A person commits an offense if the person possesses a |
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| 32 | 32 | | knife, knuckles, or a switchblade knife while on the grounds or in a |
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| 33 | 33 | | building of a public school. |
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| 34 | 34 | | (c) An offense under this section is a Class A misdemeanor. |
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| 35 | 35 | | (d) It is a defense to prosecution under this section that |
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| 36 | 36 | | the actor possessed the knife, knuckles, or switchblade knife in |
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| 37 | 37 | | the actual discharge of duties as a school district peace officer, |
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| 38 | 38 | | school resource officer, or school security personnel. |
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| 39 | 39 | | SECTION 2. This Act takes effect September 1, 2023. |
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