SRC-CDH S.B. 1001 75(R)   BILL ANALYSIS


Senate Research Center   S.B. 1001
By: West
Criminal Justice
3-24-97
As Filed


DIGEST 

Currently, a person commits a third degree felony if the person
intentionally, knowingly, or recklessly goes to a prohibited place with a
firearm, illegal knife, club, or prohibited weapon. However, based on the
interpretation of the word "goes," some cases have been reduced to a Class
A misdemeanor and the person has been charged with unlawfully carrying a
weapon because the person was not actually seen entering or going onto the
premises with the weapon.  This legislation clarifies that possession of
an illegal weapon, as listed in Section 46.05(a), Penal Code, in a
prohibited place is a third degree felony. 

PURPOSE

As proposed, S.B. 1001 establishes the offense of possessing a firearm,
illegal knife, club, or prohibited weapon in a place where weapons are
prohibited. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 46.03(a), Penal Code, to provide that a person
commits an offense if the person intentionally, knowingly, or recklessly
possesses a firearm, illegal knife, club, or prohibited weapon listed in
Section 46.05(a) on certain premises or in certain areas, including in,
rather than into, a secured area of an airport.  Deletes the provision
making it an offense if with certain prohibited weapons, a person
intentionally, knowingly, or recklessly goes on certain premises or in
certain areas.  

SECTION 2. Makes application of this Act prospective.

SECTION 3. Effective date:  September 1, 1997.
 
SECTION 4. Emergency clause.