| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
| |
|
|
relating to the prosecution of the criminal offense of the |
|
|
possession, manufacture, transport, repair, or sale of certain |
|
|
prohibited explosive weapons. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 46.01, Penal Code, is amended by adding |
|
|
Subdivision (18) to read as follows: |
|
|
(18) "Improvised explosive device" means a completed |
|
|
and operational bomb designed to cause serious bodily injury, |
|
|
death, or substantial property damage that is fabricated in an |
|
|
improvised manner using nonmilitary components. The term does not |
|
|
include: |
|
|
(A) unassembled components that can be legally |
|
|
purchased and possessed without a license, permit, or other |
|
|
governmental approval; or |
|
|
(B) an exploding target that is used for firearms |
|
|
practice, sold in kit form, and contains the components of a binary |
|
|
explosive. |
|
|
SECTION 2. Sections 46.05(a) 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) any of the following items, unless the item is |
|
|
registered in the National Firearms Registration and Transfer |
|
|
Record maintained by the Bureau of Alcohol, Tobacco, Firearms and |
|
|
Explosives or classified as a curio or relic by the United States |
|
|
Department of Justice: |
|
|
(A) an explosive weapon; |
|
|
(B) a machine gun; |
|
|
(C) a short-barrel firearm; or |
|
|
(D) a firearm silencer; |
|
|
(2) knuckles; |
|
|
(3) armor-piercing ammunition; |
|
|
(4) a chemical dispensing device; |
|
|
(5) a zip gun; [or] |
|
|
(6) a tire deflation device; or |
|
|
(7) an improvised explosive device. |
|
|
(e) An offense under Subsection (a)(1), (3), (4), [or] (5), |
|
|
or (7) is a felony of the third degree. An offense under Subsection |
|
|
(a)(6) is a state jail felony. An offense under Subsection (a)(2) |
|
|
is a Class A misdemeanor. |
|
|
SECTION 3. 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 4. This Act takes effect September 1, 2017. |
|
|
|
|
|
* * * * * |