Additions and Improvements to 2016-17 Edition
Please substitute the following for what is in the printed 2016-2017 edition. It covers the statute which becomes effective in 2016 on various dates.
Please contact your police legal adviser or prosecutor to make sure you are following the law as it presently stands. Also please note that you need to be familiar with the decisions of your local higher institutions of higher learning.
22.021 Aggravated Sexual Assault – 1st degree felony
G. Child Under 14 (13) Years of Age
1. Elements of sexual assault under Section 22.011, plus:
2. Victim under 14 (13) years of age.
46.035 Unlawfully Carrying a Handgun by License Holder–Usually A Class A Misdemeanor
1. Person, county, and date
2. Who is a license holder under concealed gun statute
3. ie. Tx. Govt. Code 411.171 et seq.
A. Generally
1. Intentionally
2. Displays handgun to another
3. In a public place
Exception: If in a holster
B. Institution of Higher Learning
1. 1-3 above plus
4. Intentionally
5. Carries a handgun on the campus
6. Institution has provided rules governing and
7. Provided Institution has given notice of the rules under 30.06
C. Carrying in Other Places
1. 1-3 plus
4. Intentionally, knowingly or recklessly
5. One of the following places:
a.) Business that derives 51% or more of income from alcoholic beverages for on site consumption 3rd degree felony
b.) High school, collegiate, or professional sporting event, or interscholastic event (unless handgun is used in the event)
c.) Correctional facility 3rd degree felony
d.) Hospital or nursing facility
e.) Amusement park
f.) Church, synagogue or other established place of religious worship
Note: For b, d, e, and f to apply notice must be given as set out in 30.06
D. Government Meetings
1. 1-3 plus
4. Intentionally, knowingly or recklessly
5. At any meeting of a government entity
6. Regardless of whether concealed or in holster
E. While Intoxicated
1. 1-3 above plus
4. While intoxicated
F. Security Guard
1. 1-3 above plus
4. Security guard while performing his duties
5. Violates gun statute i.e. Tx. Govt. Code 4111.171 et seq.
Defenses
1. To A & B if justified in using force or deadly force under Chapter 9.
2. Effective June 15 2016 C & D do not apply to active judicial officers, their bailiffs escorting the officer or district attorneys, criminal district attorneys county attorneys or their assistants.
46.05 Prohibited Weapons – 3rd degree felony, State jail felony or Class A Misdemeanor.
Strike the following are misdemeanors:
h. Switchblade knife
i. Knuckles
Add:
The following is a State jail felony:
h. Tire deflation device
The following is a Class A misdemeanor:
i. Knuckles