Bill Text: TX SB1416 | 2011-2012 | 82nd Legislature | Comm Sub

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Bill Title: Relating to the creation of the offense of possession, manufacture, transportation, repair, or sale of a tire deflation device and to the offense of attempting to evade arrest through the use of a vehicle or a tire deflation device; providing criminal penalties.

Spectrum: Bipartisan Bill

Status: (Passed) 2011-06-17 - Effective on 9/1/11 [SB1416 Detail]

Download: Texas-2011-SB1416-Comm_Sub.html

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By: Hinojosa S.B. No. 1416
(In the Senate - Filed March 10, 2011; March 22, 2011, read
first time and referred to Committee on Criminal Justice;
April 6, 2011, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 6, Nays 0; April 6, 2011,
sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 1416 By: Carona

A BILL TO BE ENTITLED
AN ACT
relating to the creation of the offense of possession, manufacture,
transportation, repair, or sale of a tire deflation device;
providing criminal penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 46.01, Penal Code, is amended by adding
Subdivision (17) to read as follows:
(17) "Tire deflation device" means a device, including
a caltrop or spike strip, that, when driven over, impedes or stops
the movement of a wheeled vehicle by puncturing one or more of the
vehicle's tires. The term does not include a traffic control device
that:
(A) is designed to puncture one or more of a
vehicle's tires when driven over in a specific direction; and
(B) has a clearly visible sign posted in close
proximity to the traffic control device that prohibits entry or
warns motor vehicle operators of the traffic control device.
SECTION 2. Subsections (a), (d), and (e), Section 46.05,
Penal Code, are amended to read as follows:
(a) A person commits an offense if the person [he]
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;
(7) armor-piercing ammunition;
(8) a chemical dispensing device; [or]
(9) a zip gun; or
(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, [or] short-barrel firearm, or tire
deflation device solely as an antique or curio; [or]
(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), (7),
(8), or (9) [this section] is a felony of the third degree [unless
it is committed under Subsection (a)(5) or (a)(6), in which event,
it is a Class A misdemeanor]. An offense under Subsection (a)(10)
is a state jail felony. An offense under Subsection (a)(5) or (6)
is a Class A misdemeanor.
SECTION 3. This Act takes effect September 1, 2011.
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