Bill Text: TX HB1935 | 2017-2018 | 85th Legislature | Enrolled
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-Enrolled.html
H.B. No. 1935 |
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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 [ |
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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 | ||
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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 [ |
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inches[ |
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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[ |
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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. | ||
(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 [ |
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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: | ||
(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 [ |
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under this section is a felony of the third degree [ |
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(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 [ |
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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 [ |
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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 8. Section 46.15(e), Penal Code, is amended to read | ||
as follows: | ||
(e) [ |
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individual carrying a location-restricted knife [ |
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the knife [ |
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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. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 1935 was passed by the House on May 9, | ||
2017, by the following vote: Yeas 131, Nays 1, 1 present, not | ||
voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 1935 was passed by the Senate on May | ||
24, 2017, by the following vote: Yeas 30, Nays 1. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: _____________________ | ||
Date | ||
_____________________ | ||
Governor |