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INTRODUCED
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HOUSE COMMITTEE
SUBSTITUTE
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SECTION 1. Sections 46.01(6) and 46.15(e), Penal Code, are
repealed.
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SECTION 6. Section 46.15(e),
Penal Code, is repealed.
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No
equivalent provision.
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SECTION 1. Section 46.01(6),
Penal Code, is amended to read as follows:
(6) ["Illegal
knife"] "Location-restricted knife" means a:
(A) knife with a blade over
five and one-half inches;
(B) hand instrument designed
to cut or stab another by being thrown;
(C) dagger, including but
not limited to a dirk, stiletto, and poniard;
(D) bowie knife;
(E) sword; or
(F) spear.
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SECTION 2. Section 46.02(a),
Penal Code, is amended to read as follows:
(a) A person commits an
offense if the person intentionally, knowingly, or recklessly carries on or
about his or her person a handgun [, illegal knife,] or club if the
person is not:
(1) on the person's own
premises or premises under the person's control; or
(2) inside of or directly en
route to a motor vehicle or watercraft that is owned by the person or under
the person's control.
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SECTION 2. Section 46.02,
Penal Code, is amended by amending Subsection (a) and adding Subsection
(a-4) to read as follows:
(a) A person commits an
offense if the person intentionally, knowingly, or recklessly carries on or
about his or her person a handgun [, illegal knife,] or club if the
person is not:
(1) on the person's own
premises or premises under the person's control; or
(2) inside of or directly en
route to a motor vehicle or watercraft that is owned by the person or under
the person's control.
(a-4) A person younger than 18 years commits an offense if the
person intentionally, knowingly, or recklessly carries on or about his or
her person a location-restricted knife if the person is not:
(1) on the person's own premises or premises under the person's
control; or
(2) inside of or directly en route to a motor vehicle or
watercraft that is owned by the person or under the person's control.
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SECTION 3. Section 46.03(a),
Penal Code, is amended to read as follows:
(a) A person commits an
offense if the person intentionally, knowingly, or recklessly possesses or
goes with a firearm, [illegal knife,]
club, or prohibited weapon listed in Section 46.05(a):
(1) on the physical premises
of a school or educational institution, any grounds or building on which an
activity sponsored by a school or educational institution is being
conducted, or a passenger transportation vehicle of a school or educational
institution, whether the school or educational institution is public or
private, unless pursuant to written regulations or written authorization of
the institution;
(2) on the premises of a
polling place on the day of an election or while early voting is in progress;
(3) on the premises of any
government court or offices utilized by the court, unless pursuant to
written regulations or written authorization of the court;
(4) on the premises of a
racetrack;
(5) in or into a secured
area of an airport; or
(6) within 1,000 feet of
premises the location of which is designated by the Texas Department of
Criminal Justice as a place of execution under Article 43.19, Code of
Criminal Procedure, on a day that a sentence of death is set to be imposed
on the designated premises and the person received notice that:
(A) going within 1,000 feet
of the premises with a weapon listed under this subsection was prohibited;
or
(B) possessing a weapon
listed under this subsection within 1,000 feet of the premises was
prohibited.
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SECTION 3. Section 46.03(a),
Penal Code, is amended to read as follows:
(a) A person commits an
offense if the person intentionally, knowingly, or recklessly possesses or
goes with a firearm, [illegal] location-restricted
knife, club, or prohibited weapon listed in Section 46.05(a):
(1) on the physical premises
of a school or educational institution, any grounds or building on which an
activity sponsored by a school or educational institution is being
conducted, or a passenger transportation vehicle of a school or educational
institution, whether the school or educational institution is public or
private, unless pursuant to written regulations or written authorization of
the institution;
(2) on the premises of a
polling place on the day of an election or while early voting is in
progress;
(3) on the premises of any
government court or offices utilized by the court, unless pursuant to
written regulations or written authorization of the court;
(4) on the premises of a
racetrack;
(5) in or into a secured
area of an airport; or
(6) within 1,000 feet of
premises the location of which is designated by the Texas Department of
Criminal Justice as a place of execution under Article 43.19, Code of
Criminal Procedure, on a day that a sentence of death is set to be imposed
on the designated premises and the person received notice that:
(A) going within 1,000 feet
of the premises with a weapon listed under this subsection was prohibited;
or
(B) possessing a weapon
listed under this subsection within 1,000 feet of the premises was
prohibited.
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No
equivalent provision.
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SECTION 4. Section 46.03,
Penal Code, is amended by amending Subsection (g) and adding Subsection
(g-1) to read as follows:
(g) Except as provided by
subsection (g-1), an [An] offense under this section is a third
degree felony.
(g-1) If the weapon that
is the subject of the offense is a location-restricted knife, an offense
under this section is a Class C misdemeanor, unless the offense occurred on
the physical premises of a public or private primary or secondary school,
any grounds or building on which an activity sponsored by a public or
private primary or secondary school is being conducted, or a passenger
transportation vehicle of a public or private primary or secondary school,
in which event the offense is a third degree felony.
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SECTION 4. Section 46.06(a),
Penal Code, is amended to read as follows:
(a) A person commits an
offense if the person:
(1) sells, rents, leases,
loans, or gives a handgun to any person knowing that the person to whom the
handgun is to be delivered intends to use it unlawfully or in the
commission of an unlawful act;
(2) intentionally or
knowingly sells, rents, leases, or gives or offers to sell, rent, lease, or
give to any child younger than 18 years any firearm [,] or
club; [, or illegal knife;]
(3) intentionally,
knowingly, or recklessly sells a firearm or ammunition for a firearm to any
person who is intoxicated;
(4) knowingly sells a
firearm or ammunition for a firearm to any person who has been convicted of
a felony before the fifth anniversary of the later of the following dates:
(A) the person's release
from confinement following conviction of the felony; or
(B) the person's release
from supervision under community supervision, parole, or mandatory supervision
following conviction of the felony;
(5) sells, rents, leases,
loans, or gives a handgun to any person knowing that an active protective
order is directed to the person to whom the handgun is to be delivered; or
(6) knowingly purchases,
rents, leases, or receives as a loan or gift from another a handgun while
an active protective order is directed to the actor.
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SECTION 5. Section 46.06(a),
Penal Code, is amended to read as follows:
(a) A person commits an
offense if the person:
(1) sells, rents, leases,
loans, or gives a handgun to any person knowing that the person to whom the
handgun is to be delivered intends to use it unlawfully or in the
commission of an unlawful act;
(2) intentionally or
knowingly sells, rents, leases, or gives or offers to sell, rent, lease, or
give to any child younger than 18 years any firearm, club, or [illegal] location-restricted
knife;
(3) intentionally,
knowingly, or recklessly sells a firearm or ammunition for a firearm to any
person who is intoxicated;
(4) knowingly sells a
firearm or ammunition for a firearm to any person who has been convicted of
a felony before the fifth anniversary of the later of the following dates:
(A) the person's release
from confinement following conviction of the felony; or
(B) the person's release
from supervision under community supervision, parole, or mandatory
supervision following conviction of the felony;
(5) sells, rents, leases,
loans, or gives a handgun to any person knowing that an active protective
order is directed to the person to whom the handgun is to be delivered; or
(6) knowingly purchases,
rents, leases, or receives as a loan or gift from another a handgun while
an active protective order is directed to the actor.
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SECTION 5. Section
37.007(a), Education Code, is amended to read as follows:
(a) Except as provided by
Subsection (k), a student shall be expelled from a school if the student,
on school property or while attending a school-sponsored or school-related
activity on or off of school property:
(1) uses, exhibits, or
possesses:
(A) a firearm as defined by
Section 46.01(3), Penal Code;
(B) [an illegal knife as defined by Section 46.01(6), Penal Code, or
by local policy;] any of the following:
(i) a knife with a blade over five and one-half inches;
(ii) a hand instrument designed to cut or stab another by being
thrown;
(iii) a dagger, including but not limited to a dirk, stiletto, and
poniard;
(iv) a bowie knife;
(v) a sword; or
(vi) a spear.
(C) a club as defined by
Section 46.01(1), Penal Code; or
(D) a weapon listed as a
prohibited weapon under Section 46.05, Penal Code;
(2) engages in conduct that
contains the elements of the offense of:
(A) aggravated assault under
Section 22.02, Penal Code, sexual assault under Section 22.011, Penal Code,
or aggravated sexual assault under Section 22.021, Penal Code;
(B) arson under Section
28.02, Penal Code;
(C) murder under Section
19.02, Penal Code, capital murder under Section 19.03, Penal Code, or
criminal attempt, under Section 15.01, Penal Code, to commit murder or
capital murder;
(D) indecency with a child
under Section 21.11, Penal Code;
(E) aggravated kidnapping
under Section 20.04, Penal Code;
(F) aggravated robbery under
Section 29.03, Penal Code;
(G) manslaughter under
Section 19.04, Penal Code;
(H) criminally negligent
homicide under Section 19.05, Penal Code; or
(I) continuous sexual abuse
of young child or children under Section 21.02, Penal Code; or
(3) engages in conduct
specified by Section 37.006(a)(2)(C) or (D), if the conduct is punishable
as a felony.
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SECTION 7. Section
37.007(a), Education Code, is amended to read as follows:
(a) Except as provided by
Subsection (k), a student shall be expelled from a school if the student,
on school property or while attending a school-sponsored or school-related
activity on or off of school property:
(1) uses, exhibits, or
possesses:
(A) a firearm as defined by
Section 46.01(3), Penal Code;
(B) [an illegal] a location-restricted knife as defined
by Section 46.01(6), Penal Code, or by local policy;
(C) a club as defined by
Section 46.01(1), Penal Code; or
(D) a weapon listed as a
prohibited weapon under Section 46.05, Penal Code;
(2) engages in conduct that
contains the elements of the offense of:
(A) aggravated assault under
Section 22.02, Penal Code, sexual assault under Section 22.011, Penal Code,
or aggravated sexual assault under Section 22.021, Penal Code;
(B) arson under Section
28.02, Penal Code;
(C) murder under Section
19.02, Penal Code, capital murder under Section 19.03, Penal Code, or
criminal attempt, under Section 15.01, Penal Code, to commit murder or
capital murder;
(D) indecency with a child
under Section 21.11, Penal Code;
(E) aggravated kidnapping
under Section 20.04, Penal Code;
(F) aggravated robbery under
Section 29.03, Penal Code;
(G) manslaughter under
Section 19.04, Penal Code;
(H) criminally negligent
homicide under Section 19.05, Penal Code; or
(I) continuous sexual abuse
of young child or children under Section 21.02, Penal Code; or
(3) engages in conduct
specified by Section 37.006(a)(2)(C) or (D), if the conduct is punishable
as a felony.
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SECTION 6. Section
52.031(a), Family Code, is amended to read as follows:
(a) A juvenile board may
establish a first offender program under this section for the referral and
disposition of children taken into custody, or accused prior to the filing
of a criminal charge, of:
(1) conduct indicating a
need for supervision;
(2) a Class C misdemeanor,
other than a traffic offense; or
(3) delinquent conduct other
than conduct that constitutes:
(A) a felony of the first,
second, or third degree, an aggravated controlled substance felony, or a
capital felony; or
(B) a state jail felony or
misdemeanor involving violence to a person or the use or possession of a
firearm [, illegal knife,] or
club, as those terms are defined by Section 46.01, Penal Code, or a
prohibited weapon, as described by Section 46.05, Penal Code.
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SECTION 8. Section
52.031(a), Family Code, is amended to read as follows:
(a) A juvenile board may
establish a first offender program under this section for the referral and
disposition of children taken into custody, or accused prior to the filing
of a criminal charge, of:
(1) conduct indicating a
need for supervision;
(2) a Class C misdemeanor, other
than a traffic offense; or
(3) delinquent conduct other
than conduct that constitutes:
(A) a felony of the first,
second, or third degree, an aggravated controlled substance felony, or a
capital felony; or
(B) a state jail felony or
misdemeanor involving violence to a person or the use or possession of a
firearm, [illegal] location-restricted
knife, or club, as those terms are defined by Section 46.01, Penal
Code, or a prohibited weapon, as described by Section 46.05, Penal Code.
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SECTION 7. Section 53.01(d),
Family Code, is amended to read as follows:
(d) Unless the juvenile
board approves a written procedure proposed by the office of prosecuting
attorney and chief juvenile probation officer which provides otherwise, if
it is determined that the person is a child and, regardless of a finding of
probable cause, or a lack thereof, there is an allegation that the child
engaged in delinquent conduct of the grade of felony, or conduct
constituting a misdemeanor offense involving violence to a person or the
use or possession of a firearm [,
illegal knife,] or club, as those terms are defined by Section
46.01, Penal Code, or prohibited weapon, as described by Section 46.05,
Penal Code, the case shall be promptly forwarded to the office of the
prosecuting attorney, accompanied by:
(1) all documents that
accompanied the current referral; and
(2) a summary of all prior
referrals of the child to the juvenile court, juvenile probation
department, or a detention facility.
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SECTION 9. Section 53.01(d),
Family Code, is amended to read as follows:
(d) Unless the juvenile
board approves a written procedure proposed by the office of prosecuting
attorney and chief juvenile probation officer which provides otherwise, if
it is determined that the person is a child and, regardless of a finding of
probable cause, or a lack thereof, there is an allegation that the child
engaged in delinquent conduct of the grade of felony, or conduct
constituting a misdemeanor offense involving violence to a person or the
use or possession of a firearm, [illegal]
location-restricted knife, or club, as those terms are
defined by Section 46.01, Penal Code, or prohibited weapon, as described by
Section 46.05, Penal Code, the case shall be promptly forwarded to the
office of the prosecuting attorney, accompanied by:
(1) all documents that
accompanied the current referral; and
(2) a summary of all prior
referrals of the child to the juvenile court, juvenile probation
department, or a detention facility.
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SECTION 8. 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 governed by the
law in effect on the date 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.
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SECTION 10. Same as
introduced version.
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SECTION 9. This Act takes
effect September 1, 2015.
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SECTION 11. Same as
introduced version.
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