Bill Text: TX HB1935 | 2017-2018 | 85th Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the carrying of certain knives; creating a criminal offense.
Spectrum: Bipartisan Bill
Status: (Passed) 2017-06-15 - Effective on 9/1/17 [HB1935 Detail]
Download: Texas-2017-HB1935-Comm_Sub.html
Bill Title: Relating to the carrying of certain knives; creating a criminal offense.
Spectrum: Bipartisan Bill
Status: (Passed) 2017-06-15 - Effective on 9/1/17 [HB1935 Detail]
Download: Texas-2017-HB1935-Comm_Sub.html
85R20467 JRR-F | |||
By: Frullo, Dutton, Kuempel, Moody, Springer, | H.B. No. 1935 | ||
et al. | |||
Substitute the following for H.B. No. 1935: | |||
By: Moody | C.S.H.B. No. 1935 |
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relating to the carrying of certain knives. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 37.007(b), Education Code, is amended to | ||
read as follows: | ||
(b) A student may be expelled if the student: | ||
(1) engages in conduct involving a public school that | ||
contains the elements of the offense of false alarm or report under | ||
Section 42.06, Penal Code, or terroristic threat under Section | ||
22.07, Penal Code; | ||
(2) while on or within 300 feet of school property, as | ||
measured from any point on the school's real property boundary | ||
line, or while attending a school-sponsored or school-related | ||
activity on or off of school property: | ||
(A) sells, gives, or delivers to another person | ||
or possesses, uses, or is under the influence of any amount of: | ||
(i) marihuana or a controlled substance, as | ||
defined by Chapter 481, Health and Safety Code, or by 21 U.S.C. | ||
Section 801 et seq.; | ||
(ii) a dangerous drug, as defined by | ||
Chapter 483, Health and Safety Code; or | ||
(iii) an alcoholic beverage, as defined by | ||
Section 1.04, Alcoholic Beverage Code; | ||
(B) engages in conduct that contains the elements | ||
of an offense relating to an abusable volatile chemical under | ||
Sections 485.031 through 485.034, Health and Safety Code; | ||
(C) engages in conduct that contains the elements | ||
of an offense under Section 22.01(a)(1), Penal Code, against a | ||
school district employee or a volunteer as defined by Section | ||
22.053; or | ||
(D) engages in conduct that contains the elements | ||
of the offense of deadly conduct under Section 22.05, Penal Code; | ||
(3) subject to Subsection (d), while within 300 feet | ||
of school property, as measured from any point on the school's real | ||
property boundary line: | ||
(A) engages in conduct specified by Subsection | ||
(a); or | ||
(B) possesses a firearm, as defined by 18 U.S.C. | ||
Section 921; | ||
(4) engages in conduct that contains the elements of | ||
any offense listed in Subsection (a)(2)(A) or (C) or the offense of | ||
aggravated robbery under Section 29.03, Penal Code, against another | ||
student, without regard to whether the conduct occurs on or off of | ||
school property or while attending a school-sponsored or | ||
school-related activity on or off of school property; [ |
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(5) engages in conduct that contains the elements of | ||
the offense of breach of computer security under Section 33.02, | ||
Penal Code, if: | ||
(A) the conduct involves accessing a computer, | ||
computer network, or computer system owned by or operated on behalf | ||
of a school district; and | ||
(B) the student knowingly: | ||
(i) alters, damages, or deletes school | ||
district property or information; or | ||
(ii) commits a breach of any other | ||
computer, computer network, or computer system; or | ||
(6) while on school property or while attending a | ||
school-sponsored or school-related activity on or off of school | ||
property uses, exhibits, or possesses: | ||
(A) a knife with a blade over five and one-half | ||
inches; | ||
(B) a hand instrument designed to cut or stab | ||
another by being thrown; | ||
(C) a dagger, including a dirk, stiletto, and | ||
poniard; | ||
(D) a bowie knife; | ||
(E) a sword; or | ||
(F) a spear. | ||
SECTION 2. 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[ |
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Code, or a prohibited weapon, as described by Section 46.05, Penal | ||
Code. | ||
SECTION 3. 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[ |
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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. | ||
SECTION 4. Section 46.02(a), Penal Code, is amended to read | ||
as follows: | ||
(a) A person commits an offense if the person: | ||
(1) intentionally, knowingly, or recklessly carries | ||
on or about his or her person a handgun[ |
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and | ||
(2) [ |
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(A) [ |
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premises under the person's control; or | ||
(B) [ |
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motor vehicle or watercraft that is owned by the person or under the | ||
person's control. | ||
SECTION 5. 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, [ |
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(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: | ||
(A) pursuant to written regulations or written | ||
authorization of the institution; or | ||
(B) the person possesses or goes with a concealed | ||
handgun that the person is licensed to carry under Subchapter H, | ||
Chapter 411, Government Code, and no other weapon to which this | ||
section applies, on the premises of an institution of higher | ||
education or private or independent institution of higher | ||
education, on any grounds or building on which an activity | ||
sponsored by the institution is being conducted, or in a passenger | ||
transportation vehicle 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. | ||
SECTION 6. 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 of age any firearm or[ |
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(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. | ||
SECTION 7. Sections 46.01(6) and 46.15(e), Penal Code, are | ||
repealed. | ||
SECTION 8. The changes in law made by this Act apply only to | ||
an offense committed or conduct that occurs on or after the | ||
effective date of this Act. An offense committed or conduct that | ||
occurs before the effective date of this Act is governed by the law | ||
in effect on the date the offense was committed or the conduct | ||
occurred, and the former law is continued in effect for that | ||
purpose. For purposes of this section, an offense is committed or | ||
conduct occurs before the effective date of this Act if any element | ||
of the offense or the conduct occurs before that date. | ||
SECTION 9. This Act takes effect September 1, 2017. |