Bill Text: TX HB3884 | 2015-2016 | 84th Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the carrying of knives; creating a criminal offense.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Engrossed - Dead) 2015-05-23 - Committee report printed and distributed [HB3884 Detail]
Download: Texas-2015-HB3884-Comm_Sub.html
Bill Title: Relating to the carrying of knives; creating a criminal offense.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Engrossed - Dead) 2015-05-23 - Committee report printed and distributed [HB3884 Detail]
Download: Texas-2015-HB3884-Comm_Sub.html
By: Dutton | H.B. No. 3884 | ||
Substitute the following for H.B. No. 3884: | |||
By: Herrero | C.S.H.B. No. 3884 |
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relating to the carrying of knives. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 46.01(6), Penal Code, is amended to read | ||
as follows: | ||
(6) [ |
||
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 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[ |
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(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. | ||
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, | ||
[ |
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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. | ||
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 [ |
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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. | ||
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 [ |
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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. | ||
SECTION 6. Section 46.15(e), Penal Code, is repealed. | ||
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) [ |
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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. | ||
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, | ||
[ |
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defined by Section 46.01, Penal Code, or a prohibited weapon, as | ||
described by Section 46.05, Penal Code. | ||
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, [ |
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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. | ||
SECTION 10. 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. | ||
SECTION 11. This Act takes effect September 1, 2015. |