78R6130 EMT-D

By:  Moreno of Harris                                             H.B. No. 1289



A BILL TO BE ENTITLED

AN ACT

relating to the definition of "deadly weapon" for purposes of the 
prosecution of certain offenses.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.   Section 1.07(17), Penal Code, is amended to read 
as follows:    
		(17)  "Deadly weapon" means:                                                  
			(A)  a firearm or anything manifestly designed, 
made, or adapted for the purpose of inflicting death or serious 
bodily injury; or
			(B)  anything that [in the manner of its use or 
intended use] is used or intended to be used with the intent to 
cause and is capable of causing death or serious bodily injury.
	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 
covered by the law in effect when 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, 2003.