83R4851 JRR-D
	By: Dutton	H.B. No. 936

	A BILL TO BE ENTITLED
	AN ACT
	relating to the criminal consequences of engaging in certain
	conduct with respect to a switchblade knife.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  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, illegal
	knife, switchblade 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 2.  Sections 46.05(a), (d), and (e), Penal Code, are
	amended to read as follows:
	(a)  A person commits an offense if the person intentionally
	or knowingly possesses, manufactures, transports, repairs, or
	sells:
	(1)  an explosive weapon;
	(2)  a machine gun;
	(3)  a short-barrel firearm;
	(4)  a firearm silencer;
	(5)  [a switchblade knife;
	[(6)]  knuckles;
	(6) [(7)]  armor-piercing ammunition;
	(7) [(8)]  a chemical dispensing device;
	(8) [(9)]  a zip gun; or
	(9) [(10)]  a tire deflation device.
	(d)  It is an affirmative defense to prosecution under this
	section that the actor's conduct:
	(1)  was incidental to dealing with a [switchblade
	knife, springblade knife,] short-barrel firearm[,] or tire
	deflation device solely as an antique or curio;
	(2)  was incidental to dealing with armor-piercing
	ammunition solely for the purpose of making the ammunition
	available to an organization, agency, or institution listed in
	Subsection (b); or
	(3)  was incidental to dealing with a tire deflation
	device solely for the purpose of making the device available to an
	organization, agency, or institution listed in Subsection (b).
	(e)  An offense under Subsection (a)(1), (2), (3), (4), (6),
	(7), or (8)[, or (9)] is a felony of the third degree.  An offense
	under Subsection (a)(9) [(a)(10)] is a state jail felony.  An
	offense under Subsection (a)(5) [or (6)] is a Class A misdemeanor.
	SECTION 3.  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
	[46.01(3)], Penal Code;
	(B)  an illegal knife as defined by Section 46.01
	[46.01(6)], Penal Code, or by local policy;
	(C)  a switchblade knife as defined by Section
	46.01, Penal Code;
	(D)  a club as defined by Section 46.01
	[46.01(1)], Penal Code; or
	(E) [(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 4.  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 for:
	(1)  conduct indicating a need for supervision; or
	(2)  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, illegal
	knife, switchblade 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 5.  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, illegal knife, switchblade
	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 6.  The change in law made by 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 7.  This Act takes effect September 1, 2013.