By: Frullo, et al. (Senate Sponsor - Whitmire)	H.B. No. 1935
	(In the Senate - Received from the House May 10, 2017;
	May 10, 2017, read first time and referred to Committee on Criminal
	Justice; May 19, 2017, reported favorably by the following vote:
	Yeas 6, Nays 0; May 19, 2017, sent to printer.)
Click here to see the committee vote

	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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