Bill Text: TX HB3884 | 2015-2016 | 84th Legislature | Comm Sub


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 (Senate Sponsor - Whitmire) H.B. No. 3884
         (In the Senate - Received from the House May 18, 2015;
  May 18, 2015, read first time and referred to Committee on Criminal
  Justice; May 22, 2015, reported favorably by the following vote:  
  Yeas 6, Nays 0; May 22, 2015, sent to printer.)
Click here to see the committee vote
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the carrying of knives; creating a criminal offense.
         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)  "Location-restricted knife" ["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 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.
         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,
  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 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 [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.
         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 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 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)  a location-restricted [an illegal] 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.
         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,
  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 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, 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 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.
 
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