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AN ACT
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relating to the definition of a switchblade knife for purposes of |
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the offense of prohibited weapons. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 46.01(11), Penal Code, is amended to |
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read as follows: |
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(11) "Switchblade knife" means any knife that has a |
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blade that folds, closes, or retracts into the handle or sheath[,] |
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and that[:
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[(A)] opens automatically by pressure applied to |
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a button or other device located on the handle[;] or |
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[(B)] opens or releases a blade from the handle |
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or sheath by the force of gravity or by the application of |
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centrifugal force. The term does not include a knife that has a |
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spring, detent, or other mechanism designed to create a bias toward |
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closure and that requires exertion applied to the blade by hand, |
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wrist, or arm to overcome the bias toward closure and open the |
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knife. |
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SECTION 2. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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covered by the law in effect when the offense was committed, and the |
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former law is continued in effect for that purpose. For purposes of |
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this section, an offense was committed before the effective date of |
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this Act if any element of the offense was committed before that |
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date. |
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SECTION 3. This Act takes effect September 1, 2009. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 4456 was passed by the House on May |
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12, 2009, by the following vote: Yeas 149, Nays 0, 1 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 4456 on May 29, 2009, by the following vote: Yeas 144, Nays 0, |
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1 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 4456 was passed by the Senate, with |
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amendments, on May 27, 2009, by the following vote: Yeas 31, Nays |
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0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |