Acts 2007, 80th Leg., R.S., Ch. 46.02, 46.03 and amended by Acts 1993, 73rd Leg., ch. DRIVING WHILE INTOXICATED; 2) UNL CARRYING WEAPON; RELEASE REASON: TRANSFERRED TO COUNTY; RELEASE COMMENTS: DIRECT TRANSPORT ER SOUTHLAKE PD S BRAND. Sec. Acts 2019, 86th Leg., R.S., Ch. Sept. 1, 1997. 399, Sec. An offense under Subsection (a)(5) is a state jail felony. (3) the person is not prohibited by state or federal law from possessing a firearm. WebThe Texas Unlawfully Carrying a Weapon statute, which is often shortened to UCW, says that it illegal to carry a handgun or club on or about the person's body. 452, Sec. This element can often be difficult for the state to prove. 318, Sec. 1, eff. 1, eff. 1935), Sec. Acts 2017, 85th Leg., R.S., Ch. September 1, 2005. (a) A person commits an offense if the person: (1) intentionally, knowingly, or recklessly carries on or about his or her person a handgun; 3, eff. 4, eff. (a) A person commits an offense if the person knowingly manufactures, sells, purchases, transports, or possesses a hoax bomb with intent to use the hoax bomb to: (1) make another believe that the hoax bomb is an explosive or incendiary device; or. 2225), Sec. (c)An offense under this section is a felony of the third degree if the offense is Acts 2013, 83rd Leg., R.S., Ch. (j) The provisions of Sections 46.02 and 46.03(a)(7), (a-2), (a-3), and (a-4) do not apply to an individual who carries a handgun as a participant in a historical reenactment performed in accordance with the rules of the Texas Alcoholic Beverage Commission. 46.04 Unlawful CLARENCE EDWARD BROOKS was booked in Washington County, Texas for PC 46.02(b) - UNL CARRYING WEAPON. (a) In this section, "metal or body armor" means any body covering manifestly designed, made, or adapted for the purpose of protecting a person against gunfire. 3607), Sec. (c) A municipal or county engineer shall file the original or a copy of every approved or revised map approved as provided by Subsection (a) with the county clerk of each county in which the area is located. 693, Sec. UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER. 910, 84th Texas Legislature, Section 51, effective January 1, 2016^14. (2) cause alarm or reaction of any type by an official of a public safety agency or volunteer agency organized to deal with emergencies. 46.02, 46.03 and amended by Acts 1993, 73rd Leg., ch. The legislature also removed the prohibition in (a-1) against members of so-called criminal street gangs from possessing handguns in their motor vehicles. 2.60, eff. September 28, 2011. September 1, 2017. August 1, 2016. (a) In this section: (1) "Child" means a person younger than 17 years of age. Now, a person cannot be charged for unlawfully carrying a firearm unless theyre under the age of 21 or they have been prohibited to own one under state or federal laws. 1069), Sec. Amended by Acts 1995, 74th Leg., ch. 17, eff. 229, Sec. Sept. 1, 1994. However, there are still other situations in which it is illegal to carry a handgun. 1261, Sec. (B) in compliance with policies and procedures adopted by the Texas Department of Criminal Justice regarding the possession of a weapon by an officer while on duty; (3) community supervision and corrections department officers appointed or employed under Section 76.004, Government Code, and neither section prohibits an officer from carrying a weapon in this state if the officer is: (B) authorized to carry a weapon under Section 76.0051, Government Code; (4) an active judicial officer as defined by Section 411.201, Government Code, who is licensed to carry a handgun under Subchapter H, Chapter 411, Government Code; (5) an honorably retired peace officer, qualified retired law enforcement officer, federal criminal investigator, or former reserve law enforcement officer who holds a certificate of proficiency issued under Section 1701.357, Occupations Code, and is carrying a photo identification that is issued by a federal, state, or local law enforcement agency, as applicable, and that verifies that the officer is: (B) a qualified retired law enforcement officer; (D) a former reserve law enforcement officer who has served in that capacity not less than a total of 15 years with one or more state or local law enforcement agencies; (6) a district attorney, criminal district attorney, county attorney, or municipal attorney who is licensed to carry a handgun under Subchapter H, Chapter 411, Government Code; (7) an assistant district attorney, assistant criminal district attorney, or assistant county attorney who is licensed to carry a handgun under Subchapter H, Chapter 411, Government Code; (8) a bailiff designated by an active judicial officer as defined by Section 411.201, Government Code, who is: (A) licensed to carry a handgun under Subchapter H, Chapter 411, Government Code; and, (B) engaged in escorting the judicial officer; or. Section 46.02 - Unlawful Carrying Weapons. 216 (H.B. September 1, 2015. 2, eff. 1, eff. 836, Sec. 1132), Sec. Added by Acts 1995, 74th Leg., ch. [2] Perhaps most notably, an exception was created to the general prohibition against carrying a handgun. 46.06. Acts 2005, 79th Leg., Ch. Sept. 1, 1994. Sec. Section 926C, who holds a certificate of proficiency issued under Section 1701.357, Occupations Code, and is carrying a photo identification that is issued by a federal, state, or local law enforcement agency, as applicable, and that verifies that the officer is an honorably retired peace officer or other qualified retired law enforcement officer; (6) the attorney general or a United States attorney, district attorney, criminal district attorney, county attorney, or municipal attorney who is licensed to carry a handgun under Subchapter H, Chapter 411, Government Code; (7) an assistant United States attorney, assistant attorney general, assistant district attorney, assistant criminal district attorney, or assistant county attorney who is licensed to carry a handgun under Subchapter H, Chapter 411, Government Code; (8) a bailiff designated by an active judicial officer as defined by Section 411.201, Government Code, who is: (A) licensed to carry a handgun under Subchapter H, Chapter 411, Government Code; and. (20) "First responder" means a public safety employee whose duties include responding rapidly to an emergency. Acts 2017, 85th Leg., R.S., Ch. 687 (H.B. Gender: M. Race: Black or African American. ^1. 2.01, eff. 399, Sec. In this subsection, "recreational vehicle" means a motor vehicle primarily designed as temporary living quarters or a vehicle that contains temporary living quarters and is designed to be towed by a motor vehicle. Prior Results Do Not Guarantee a Similar Outcome. (b) A municipal or county engineer may, on request of the governing body of the municipality or county, revise a map that has been approved by the governing body of the municipality or county as provided by Subsection (a). 2112, S.B. H.B. 421, Sec. September 1, 2021. 46.08. (e) It is a defense to prosecution under Subsection (a)(5) that the actor: (1) checked all firearms as baggage in accordance with federal or state law or regulations before entering a secured area; or. September 1, 2015. January 1, 2016. Added by Acts 1995, 74th Leg., ch. The new state law allowing the unlicensed carrying of handguns does not mean anyone can go anywhere in Texas with a pistol on the hip. 3, eff. He has also developed groundbreaking innovations in defense strategies and tactics. Acts 2017, 85th Leg., R.S., Ch. 79), Sec. Acts 2009, 81st Leg., R.S., Ch. Paul Saputo Receives Silver Client Champion Award from Martindale-Hubbell, 87th Legislative Session: Texas Criminal Law Update, Section 46.15(d) exempts a public security officer employed by the adjutant general from prohibitions on the carrying of a firearm, Section 46.15(e) exempts the carrying of a bowie knife or sword in a historical demonstration or in a ceremony (and beginning September 1, 2017, pursuant to H.B. ARREST DATE: 01/14/2023; CHARGES: 1) DRIVING WHILE INTOXICATED 2ND; 2) UNL CARRYING WEAPON; 3) POSS CS PG 1/1-B<1G; RELEASE REASON: TRANSFERRED TO COUNTY. Renumbered from Penal Code Sec. 2112), Sec. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1, eff. Jan. 1, 1996; Acts 1997, 75th Leg., ch. 15.02(g), eff. (2) inside of or directly en route to a motor vehicle or watercraft that is owned by the person or under the persons control. 1.01, eff. 46.09 by Acts 1993, 73rd Leg., ch. 13, eff. Acts 2005, 79th Leg., Ch. (a-2)For purposes of this section, premises includes real property and a recreational vehicle that is being used as living quarters, 1027 (H.B. Acts 2005, 79th Leg., Ch. 1143 (H.B. Acts 1973, 63rd Leg., p. 883, ch. Acts 2017, 85th Leg., R.S., Ch. Acts 2009, 81st Leg., R.S., Ch. (ii) not wearing the uniform of a security officer and carrying the officers weapon in a concealed manner; (A) a license issued under Subchapter H, Chapter 411, Government Code, to carry a handgun; and. (2) the date of the person's release from community supervision following conviction of the misdemeanor. 1819), Sec. 1060, Sec. Subsection (a-1) of the UCW law covers possessing a handgun in a vehicle in plain view.. (a) A person commits an offense if the person knowingly possesses components of an explosive weapon with the intent to combine the components into an explosive weapon for use in a criminal endeavor. 342, Sec. But if you win the DWI case, then you should also win the UCW case (so long as there is no other basis for the UCW, like having a felony conviction). Acts 2021, 87th Leg., R.S., Ch. Southlake, Texas Linda Baker, Crime Reporter . Acts 2007, 80th Leg., R.S., Ch. Acts 2017, 85th Leg., R.S., Ch. You Do Not September 1, 2021. INTERSTATE PURCHASE. Text of subsection as added by Acts 2021, 87th Leg., R.S., Ch. GEORGE BRISCOE WAS BOOKED ON 4/3/2022 FOR INSUFFICIENT BOND - UNL CARRYING WEAPON recentlybooked.com GEORGE BRISCOE - Recently Booked GEORGE BRISCOE was booked on 4/3/2022 in Dallas County, Texas. 46.01. 19.004, eff. Sept. 1, 2003. 342, Sec. (b) An offense under this section is a felony of the third degree. 1.01, eff. The term does not include: (A) unassembled components that can be legally purchased and possessed without a license, permit, or other governmental approval; or. 83, Sec. September 1, 2005. 1234 (H.B. 1927, 87th Texas Legislature, Section 4. 910, 84th Texas Legislature, Section 53, Texas Code of Criminal Procedure Chapter 42A, DPS Releases New Sex Offender Deregistration Eligibility List, Federal Sentencing Guidelines: Proposed Updates for 2023. 1.01, eff. Acts 2015, 84th Leg., R.S., Ch. 16.005, eff. ai thinker esp32 cam datasheet 216 (H.B. 46.07 | Sec. (e) An offense under Subsection (a-7) is: (1) a felony of the second degree with a minimum term of imprisonment of five years, if the actor was prohibited from possessing a firearm under Section 46.04(a); or. (a-2) For purposes of this section, "premises" includes real property and a recreational vehicle that is being used as living quarters, regardless of whether that use is temporary or permanent. Sept. 1, 1994; Acts 1999, 76th Leg., ch. (a-1) Repealed by Acts 2021, 87th Leg., R.S., Ch. Acts 2021, 87th Leg., R.S., Ch. September 1, 2021. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Section 922(b)(3)(A). 790, Sec. (C) a peace officer or reserve law enforcement officer, as those terms are defined by Section 1701.001, Occupations Code, who is performing law enforcement duties. (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. Also, under the 2021 law changes, it no longer is necessary to have a permit to carry openly so long as the handgun is in a holster (unless one of the other UCW subsections apply). (A)on the person's own premises or premises under the person's control; (B)inside of or directly en route to a motor vehicle or watercraft that is owned Booking Number: CB33MB02272023. 1, eff. 1862), Sec. 2300), Sec. 21, eff. A resident of this state may, if not otherwise precluded by law, purchase firearms, ammunition, reloading components, or firearm accessories in another state. 1261, Sec. 957), Sec. 23.001(78), eff. 550), Sec. (d) It is an affirmative defense to prosecution under this section that the actor's conduct: (1) was incidental to dealing with a 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. In summary, the open carry law made it no longer a crime for a CHL or CCL (that is, a holder of a concealed carry permit) to carry a handgun in a shoulder or belt holster in plain view, under most circumstances. Subsection (a-6) of the UCW law covers carrying a handgun while intoxicated. 1927), Sec. 457, Sec. 1071, Sec. September 1, 2009. 1815), Sec. 2112), Sec. 260, Sec. Webunl transf handgun under 18yoa 46.06(d) sb162 unlawful transfer of handgun under 18yoa 46.06(d)(1) provide false info for nics background check 46.06(d)(2) obstruct highway 34 (S.B. 1093 (H.B. Jan. 1, 1974. Amended by Acts 1987, 70th Leg., ch. 15, eff. 2101), Sec. (10) "Short-barrel firearm" means a rifle with a barrel length of less than 16 inches or a shotgun with a barrel length of less than 18 inches, or any weapon made from a shotgun or rifle if, as altered, it has an overall length of less than 26 inches. 2, eff. (a) A person commits an offense if the person: (1) intentionally, knowingly, or recklessly carries on or about his or her person a handgun; (2) at the time of the offense: (A) is younger than 21 years of age; or. September 1, 2021. Sept. 1, 1983; Acts 1987, 70th Leg., ch. 1222 (H.B. September 1, 2021. (d) An offense under Subsection (a-4) is a Class C misdemeanor. (a-1) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun in a motor vehicle or watercraft that is owned by the person or under the person's control at any time in which: (1) the handgun is in plain view, unless the person is 21 years of age or older or is licensed to carry a handgun under Subchapter H, Chapter 411, Government Code, and the handgun is carried in a holster; or, (A) engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic or boating; or. 1927), Sec. (B) engaged in escorting the judicial officer; (9) a juvenile probation officer who is authorized to carry a firearm under Section 142.006, Human Resources Code; or. 324 (S.B. 1, eff. 852, Sec. 1576), Sec. 446), Sec. 910, 84th Texas Legislature, Section 45, H.B. (C) under the direct supervision of a parent or legal guardian of the person. September 1, 2017. September 1, 2017. 46.035 | Sec. In 2021, the 87th Legislature changed Chapter 55 of the Texas Code of Criminal Procedure to allow people who have been convicted of a Subsection (a) violation of the UCW law to receive an expunction. 1, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. Acts 1973, 63rd Leg., p. 883, ch. The term includes a travel trailer, camping trailer, truck camper, motor home, and horse trailer with living quarters. 3167), Sec. September 1, 2019. Acts 2013, 83rd Leg., R.S., Ch. 3, eff. 1, eff. 2, eff. 1, eff. 49, eff. 433, Sec. Jan. 1, 1974. (d) An offense under Subsection (a-4) is a Class C misdemeanor. 467 (H.B. 1, eff. June 15, 2007. 1488), Sec. 46.14. 1445, Sec. (4) a security officer who holds a personal protection authorization under Chapter 1702, Occupations Code, provided that the officer is either: (A) wearing the uniform of a security officer, including any uniform or apparel described by Section 1702.323(d), Occupations Code, and carrying the officer's firearm in plain view; or. September 1, 2021. 25), Sec. (B) the person's release from supervision under community supervision, parole, or mandatory supervision following conviction of the felony; (5) sells, rents, leases, loans, or gives a handgun to any person knowing that an active protective order is directed to the person to whom the handgun is to be delivered; (6) knowingly purchases, rents, leases, or receives as a loan or gift from another a handgun while an active protective order is directed to the actor; or. 1001 (H.B. 2, eff. 11, eff. 2730), Sec. 1935), Sec. 814 (H.B. 693 (H.B. 25, eff. 405), Sec. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select. September 1, 2017. 3(1), eff. Sept. 1, 1987; Acts 1987, 70th Leg., ch. September 1, 2007. a location-restricted knife; (2)is younger than 18 years of age at the time of the offense; and. He was 26 years old 1221, Sec. September 1, 2021. (B) by its design causes alarm or reaction of any type by an official of a public safety agency or a volunteer agency organized to deal with emergencies. 1304, Sec. 2, eff. 2018), Sec. 11.24, eff. 693 (H.B. 16.004, eff. The UCW law also prohibits people under 18 years old from possessing location-restricted knives outside of their homes unless theyre under adult supervision. 3(2), eff. (b) Except as provided by Subsection (c) or (d), an offense under this section is a Class A misdemeanor. 1, eff. 957), Sec. 12A.001, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. Acts 2007, 80th Leg., R.S., Ch. Sept. 1, 1999. 1, eff. 153 (S.B. 216 (H.B. (B) inside of or directly en route to a motor vehicle or watercraft that is owned by the person or under the persons control. (B) reentering that area following the person's evacuation; (2) not more than 168 hours have elapsed since the state of disaster or local state of disaster was declared, or more than 168 hours have elapsed since the time the declaration was made and the governor has extended the period during which a person may carry a handgun under this subsection; and. Sept. 1, 2001. 168, Sec. Sec. (a-3) Notwithstanding Subsection (a) or Section 46.02(a-5), a license holder commits an offense if the license holder carries a handgun on the campus of a private or independent institution of higher education in this state that has established rules, regulations, or other provisions prohibiting license holders from carrying handguns pursuant to Section 411.2031(e), Government Code, or on the grounds or building on which an activity sponsored by such an institution is being conducted, or in a passenger transportation vehicle of such an institution, regardless of whether the handgun is concealed, provided the institution gives effective notice under Section 30.06. Sept. 1, 1994. Acts 2007, 80th Leg., R.S., Ch. 1, eff. Acts 2019, 86th Leg., R.S., Ch. 438 (S.B. January 1, 2016. 1935), Sec. (a-4)A person commits an offense if the person: (1)intentionally, knowingly, or recklessly carries on or about his or her person September 1, 2021. Sept. 1, 1999. 1, eff. Acts 1973, 63rd Leg., p. 883, ch. https://codes.findlaw.com/tx/penal-code/penal-sect-46-02/, Read this complete Texas Penal Code - PENAL 46.02. (a) In a prosecution of an offense for which punishment is increased under Section 46.11, a map produced or reproduced by a municipal or county engineer for the purpose of showing the location and boundaries of weapon-free zones is admissible in evidence and is prima facie evidence of the location or boundaries of those areas if the governing body of the municipality or county adopts a resolution or ordinance approving the map as an official finding and record of the location or boundaries of those areas. 469 (H.B. CLARENCE EDWARD BROOKS was booked in Washington County, Texas for PC 46.02(b) - UNL CARRYING WEAPON. 318, Sec. 746, Sec. Acts 2011, 82nd Leg., R.S., Ch. 1813), Sec. 900, Sec. 1, 2 eff. Added by Acts 1983, 68th Leg., p. 4831, ch. (e) Except as otherwise provided by this subsection, an offense under this section is a felony of the third degree. 1, eff. September 1, 2007. 2, eff. 26, eff. (5) "Handgun" means any firearm that is designed, made, or adapted to be fired with one hand. 15.02(f), eff. June 20, 1997; Acts 1997, 75th Leg., ch. 26(10), eff. 976 (H.B. Sept. 1, 1983; Acts 1983, 68th Leg., p. 4830, ch. 3, eff. 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. 1221, Sec. Jan. 1, 1974. 552, Sec. As briefly described above, in 2021 the 87th Texas Legislature significantly amended the UCW law. He was booked into jail at 3:02 a.m. and his bond was initially set at $462 and could be increased when he is magistrate by a Justice of the Peace. 1043, Sec. (C)a member of a criminal street gang, as defined by Section 71.01. 1, eff. 25), Sec. For the purposes of the carry laws, the Texas Penal Code defines weapons as: Clubs such as nightsticks and September 1, 2017. 435), Sec. 518 (S.B. 437 (H.B. 46.07. If the state cant prove that you did not intentionally, knowingly, or recklessly carry the weapon, regardless of the other circumstances, then you should win your case if youre being prosecuted under one of those subsections. 910), Sec. Sept. 1, 1975; Acts 1975, 64th Leg., p. 1330, ch. 693 (H.B. 11), Sec. 1927, H.B. Acts 2017, 85th Leg., R.S., Ch. 957), Sec. The legislature also changed subsection (a-1) by providing that the plain view rule that prohibits carrying a handgun in plain view in a motor vehicle only applies to people who are under 21 years old, unless the 21-year-old has a license, so long as the handgun is in a holster. September 1, 2019. 71, eff. 13, eff. September 1, 2021. (f) For the purposes of this section, an offense under the laws of this state, another state, or the United States is, except as provided by Subsection (g), a felony if, at the time it is committed, the offense: (1) is designated by a law of this state as a felony; (2) contains all the elements of an offense designated by a law of this state as a felony; or. unl carrying weapon texas 27 Feb. unl carrying weapon texas. (A) on the persons own premises or premises under the persons control; (B) inside of or directly en route to a motor vehicle or watercraft that is owned by the person or under the persons control; or. 4B.22, eff. 4456), Sec. 72 (S.B. 167, Sec. 1178, Sec. September 1, 2019. alcoholic beverages. September 1, 2013. 3142), Sec. 910, 84th Texas Legislature, Section 45, effective January 1, 2016^13. September 1, 2009. (C) under the direct supervision of a parent or legal guardian of the person. Acts 2019, 86th Leg., R.S., Ch. 714, Sec. (l) Sections 46.02 and 46.03(a)(1), (a)(2), (a)(3), and (a)(4) do not apply to a person who carries a handgun if: (1) the person carries the handgun on the premises, as defined by the statute providing the applicable offense, of a location operating as an emergency shelter during a state of disaster declared under Section 418.014, Government Code, or a local state of disaster declared under Section 418.108, Government Code; (2) the owner, controller, or operator of the premises or a person acting with the apparent authority of the owner, controller, or operator, authorized the carrying of the handgun; (3) the person carrying the handgun complies with any rules and regulations of the owner, controller, or operator of the premises that govern the carrying of a handgun on the premises; and. 2730), Sec. 8. 1221, Sec. 22, eff. UCW charges are eligible to be deferred under Article 42A.102 of the Texas Code of Criminal Procedure. Sec. If you are charged with UCW and you hold a CHL permit, immediately inform your criminal defense attorney. 1237), Sec. Acts 2007, 80th Leg., R.S., Ch. 14.833, eff. 754, Sec. You can also view an image of the petition when it becomes available and print an uncertified copy of it from this website for free on the same day it is filed. 518 (S.B. 809 (H.B. 1, eff. Acts 2005, 79th Leg., Ch. 20-year-old Kalani Celaya was arrested by Tom Green County Sheriff's Deputies Thursday morning for Criminal Trespass and Resisting Arrest, Search or Transport. Booking Date: 2/27/2023. 2, eff. (9) "Machine gun" means any firearm that is capable of shooting more than two shots automatically, without manual reloading, by a single function of the trigger. unl carrying weapon texas 27 Feb. unl carrying weapon texas. Aug. 29, 1977; Acts 1981, 67th Leg., p. 2273, ch. WebThe Unlawful Carry of Weapon (UCW) charge is delineated under Texas Penal Code, Sections 46.02 (a-1). 437 (H.B. 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Was arrested by Tom Green County Sheriff 's Deputies Thursday morning for criminal Trespass Resisting. State or federal law from possessing a firearm defined by Section 71.01 under the direct of. Supervision of a criminal street gang, as defined by Section 71.01 above, in 2021 the 87th Legislature., search or Transport 86th Leg., p. 2273, Ch not Sell My Information, Begin to... 70Th Leg., Ch of the UCW law also prohibits people under 18 years old from possessing location-restricted knives of. Leg., R.S., Ch one hand the third degree Legislature, Section 45, H.B 87th Leg.,...., 1987 ; acts 1981, 67th Leg., R.S., Ch prohibition against carrying a handgun 83rd... ( 1 ) `` First responder '' means any firearm that is designed, made, adapted! ) a member of a criminal street gang, as defined by Section 71.01 Repealed. Safety employee whose duties include responding rapidly to an emergency has also developed groundbreaking innovations in defense strategies tactics. 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