Bill Text: TX HB1935 | 2017-2018 | 85th Legislature | Engrossed

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-Engrossed.html
 
 
  By: Frullo, Dutton, Kuempel, Moody, Springer, H.B. No. 1935
      et al.
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the carrying of certain knives; creating a criminal
  offense.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  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,
  location-restricted [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.
         SECTION 2.  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, location-restricted 
  [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.
         SECTION 3.  Section 46.01(6), Penal Code, is amended to read
  as follows:
               (6)  "Location-restricted [Illegal] 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].
         SECTION 4.  Section 46.02, Penal Code, is amended by
  amending Subsections (a) and (b) and adding Subsections (a-4) and
  (d) 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[, illegal knife,] or club;
  and
               (2)  [if the person] is not:
                     (A) [(1)]  on the person's own premises or
  premises under the person's control; or
                     (B) [(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 commits an offense if the person:
               (1)  intentionally, knowingly, or recklessly carries
  on or about his or her person a location-restricted knife;
               (2)  is younger than 18 years of age at the time of the
  offense; and
               (3)  is not:
                     (A)  on the person's own premises or premises
  under the person's control;
                     (B)  inside of or directly en route to a motor
  vehicle or watercraft that is owned by the person or under the
  person's control; or
                     (C)  under the direct supervision of a parent or
  legal guardian of the person.
         (b)  Except as provided by Subsection (c) or (d), an offense
  under this section is a Class A misdemeanor.
         (d)  An offense under Subsection (a-4) is a Class C
  misdemeanor.
         SECTION 5.  Section 46.03, Penal Code, is amended by
  amending Subsections (a) and (g) and adding Subsections (a-1) and
  (g-1) to read as follows:
         (a)  A person commits an offense if the person intentionally,
  knowingly, or recklessly possesses or goes with a firearm,
  location-restricted [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:
                     (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.
         (a-1)  A person commits an offense if the person
  intentionally, knowingly, or recklessly possesses or goes with a
  location-restricted knife:
               (1)  on the premises of a business that has a permit or
  license issued under Chapter 25, 28, 32, 69, or 74, Alcoholic
  Beverage Code, if the business derives 51 percent or more of its
  income from the sale or service of alcoholic beverages for
  on-premises consumption, as determined by the Texas Alcoholic
  Beverage Commission under Section 104.06, Alcoholic Beverage Code;
               (2)  on the premises where a high school, collegiate,
  or professional sporting event or interscholastic event is taking
  place, unless the person is a participant in the event and a
  location-restricted knife is used in the event;
               (3)  on the premises of a correctional facility;
               (4)  on the premises of a hospital licensed under
  Chapter 241, Health and Safety Code, or on the premises of a nursing
  facility licensed under Chapter 242, Health and Safety Code, unless
  the person has written authorization of the hospital or nursing
  facility administration, as appropriate;
               (5)  on the premises of a mental hospital, as defined by
  Section 571.003, Health and Safety Code, unless the person has
  written authorization of the mental hospital administration;
               (6)  in an amusement park; or
               (7)  on the premises of a church, synagogue, or other
  established place of religious worship.
         (g)  Except as provided by Subsection (g-1), an [An] offense
  under this section is a felony of the 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, except that the offense is a felony of the third
  degree if the offense is committed under Subsection (a)(1).
         SECTION 6.  Section 46.03(c)(2), Penal Code, is amended to
  read as follows:
               (2)  "Amusement park" and "premises" have ["Premises"
  has] the meanings [meaning] assigned by Section 46.035.
         SECTION 7.  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, club, or
  location-restricted [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.
         SECTION 8.  Section 46.15(e), Penal Code, is amended to read
  as follows:
         (e)  [The provisions of] Section 46.02(a-4) does [46.02
  prohibiting the carrying of an illegal knife do] not apply to an
  individual carrying a location-restricted knife [bowie knife or a
  sword] used in a historical demonstration or in a ceremony in which
  the knife [or sword] is significant to the performance of the
  ceremony.
         SECTION 9.  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 10.  This Act takes effect September 1, 2017.
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