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A BILL TO BE ENTITLED
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AN ACT
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relating to the criminal consequences of engaging in certain |
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conduct with respect to a switchblade knife. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 46.03(a), Penal Code, is amended to read |
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as follows: |
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(a) A person commits an offense if the person intentionally, |
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knowingly, or recklessly possesses or goes with a firearm, illegal |
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knife, switchblade knife, club, or prohibited weapon listed in |
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Section 46.05(a): |
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(1) on the physical premises of a school or |
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educational institution, any grounds or building on which an |
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activity sponsored by a school or educational institution is being |
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conducted, or a passenger transportation vehicle of a school or |
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educational institution, whether the school or educational |
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institution is public or private, unless pursuant to written |
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regulations or written authorization of the institution; |
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(2) on the premises of a polling place on the day of an |
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election or while early voting is in progress; |
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(3) on the premises of any government court or offices |
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utilized by the court, unless pursuant to written regulations or |
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written authorization of the court; |
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(4) on the premises of a racetrack; |
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(5) in or into a secured area of an airport; or |
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(6) within 1,000 feet of premises the location of |
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which is designated by the Texas Department of Criminal Justice as a |
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place of execution under Article 43.19, Code of Criminal Procedure, |
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on a day that a sentence of death is set to be imposed on the |
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designated premises and the person received notice that: |
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(A) going within 1,000 feet of the premises with |
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a weapon listed under this subsection was prohibited; or |
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(B) possessing a weapon listed under this |
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subsection within 1,000 feet of the premises was prohibited. |
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SECTION 2. Sections 46.05(a), (d), and (e), Penal Code, are |
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amended to read as follows: |
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(a) A person commits an offense if the person intentionally |
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or knowingly possesses, manufactures, transports, repairs, or |
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sells: |
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(1) an explosive weapon; |
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(2) a machine gun; |
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(3) a short-barrel firearm; |
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(4) a firearm silencer; |
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(5) [a switchblade knife;
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[(6)] knuckles; |
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(6) [(7)] armor-piercing ammunition; |
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(7) [(8)] a chemical dispensing device; |
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(8) [(9)] a zip gun; or |
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(9) [(10)] a tire deflation device. |
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(d) It is an affirmative defense to prosecution under this |
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section that the actor's conduct: |
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(1) was incidental to dealing with a [switchblade
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knife, springblade knife,] short-barrel firearm[,] or tire |
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deflation device solely as an antique or curio; |
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(2) was incidental to dealing with armor-piercing |
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ammunition solely for the purpose of making the ammunition |
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available to an organization, agency, or institution listed in |
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Subsection (b); or |
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(3) was incidental to dealing with a tire deflation |
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device solely for the purpose of making the device available to an |
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organization, agency, or institution listed in Subsection (b). |
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(e) An offense under Subsection (a)(1), (2), (3), (4), (6), |
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(7), or (8)[, or (9)] is a felony of the third degree. An offense |
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under Subsection (a)(9) [(a)(10)] is a state jail felony. An |
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offense under Subsection (a)(5) [or (6)] is a Class A misdemeanor. |
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SECTION 3. Section 37.007(a), Education Code, is amended to |
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read as follows: |
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(a) Except as provided by Subsection (k), a student shall be |
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expelled from a school if the student, on school property or while |
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attending a school-sponsored or school-related activity on or off |
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of school property: |
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(1) uses, exhibits, or possesses: |
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(A) a firearm as defined by Section 46.01 |
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[46.01(3)], Penal Code; |
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(B) an illegal knife as defined by Section 46.01 |
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[46.01(6)], Penal Code, or by local policy; |
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(C) a switchblade knife as defined by Section |
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46.01, Penal Code; |
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(D) a club as defined by Section 46.01 |
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[46.01(1)], Penal Code; or |
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(E) [(D)] a weapon listed as a prohibited weapon |
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under Section 46.05, Penal Code; |
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(2) engages in conduct that contains the elements of |
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the offense of: |
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(A) aggravated assault under Section 22.02, |
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Penal Code, sexual assault under Section 22.011, Penal Code, or |
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aggravated sexual assault under Section 22.021, Penal Code; |
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(B) arson under Section 28.02, Penal Code; |
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(C) murder under Section 19.02, Penal Code, |
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capital murder under Section 19.03, Penal Code, or criminal |
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attempt, under Section 15.01, Penal Code, to commit murder or |
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capital murder; |
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(D) indecency with a child under Section 21.11, |
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Penal Code; |
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(E) aggravated kidnapping under Section 20.04, |
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Penal Code; |
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(F) aggravated robbery under Section 29.03, |
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Penal Code; |
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(G) manslaughter under Section 19.04, Penal |
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Code; |
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(H) criminally negligent homicide under Section |
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19.05, Penal Code; or |
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(I) continuous sexual abuse of young child or |
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children under Section 21.02, Penal Code; or |
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(3) engages in conduct specified by Section |
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37.006(a)(2)(C) or (D), if the conduct is punishable as a felony. |
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SECTION 4. Section 52.031(a), Family Code, is amended to |
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read as follows: |
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(a) A juvenile board may establish a first offender program |
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under this section for the referral and disposition of children |
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taken into custody for: |
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(1) conduct indicating a need for supervision; or |
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(2) delinquent conduct other than conduct that |
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constitutes: |
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(A) a felony of the first, second, or third |
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degree, an aggravated controlled substance felony, or a capital |
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felony; or |
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(B) a state jail felony or misdemeanor involving |
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violence to a person or the use or possession of a firearm, illegal |
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knife, switchblade knife, or club, as those terms are defined by |
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Section 46.01, Penal Code, or a prohibited weapon, as described by |
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Section 46.05, Penal Code. |
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SECTION 5. Section 53.01(d), Family Code, is amended to |
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read as follows: |
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(d) Unless the juvenile board approves a written procedure |
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proposed by the office of prosecuting attorney and chief juvenile |
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probation officer which provides otherwise, if it is determined |
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that the person is a child and, regardless of a finding of probable |
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cause, or a lack thereof, there is an allegation that the child |
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engaged in delinquent conduct of the grade of felony, or conduct |
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constituting a misdemeanor offense involving violence to a person |
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or the use or possession of a firearm, illegal knife, switchblade |
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knife, or club, as those terms are defined by Section 46.01, Penal |
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Code, or prohibited weapon, as described by Section 46.05, Penal |
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Code, the case shall be promptly forwarded to the office of the |
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prosecuting attorney, accompanied by: |
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(1) all documents that accompanied the current |
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referral; and |
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(2) a summary of all prior referrals of the child to |
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the juvenile court, juvenile probation department, or a detention |
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facility. |
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SECTION 6. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 7. This Act takes effect September 1, 2013. |