| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the punishment for certain controlled substance |
|
|
offenses committed in a drug-free zone; increasing criminal |
|
|
penalties. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 481.134, Health and Safety Code, is |
|
|
amended by amending Subsections (b) and (c) and adding Subsection |
|
|
(c-1) to read as follows: |
|
|
(b) An offense otherwise punishable as a state jail felony |
|
|
under Section 481.112, 481.1121, 481.113, 481.114, or 481.120 is |
|
|
punishable as a felony of the third degree, and an offense otherwise |
|
|
punishable as a felony of the second degree under any of those |
|
|
sections is punishable as a felony of the first degree, if it is |
|
|
shown at the punishment phase of the trial of the offense that the |
|
|
offense was committed: |
|
|
(1) in, on, or within 1,000 feet of premises owned, |
|
|
rented, or leased by an institution of higher education [learning], |
|
|
the premises of a public or private youth center, or a playground; |
|
|
or |
|
|
(2) in, on, or within 300 feet of the premises of a |
|
|
public swimming pool or video arcade facility. |
|
|
(c) The minimum term of confinement or imprisonment for an |
|
|
offense otherwise punishable under Section 481.112(d) [481.112(c), |
|
|
(d)], (e), or (f), 481.1121(b)(3) [481.1121(b)(2), (3),] or (4), |
|
|
481.113(d) [481.113(c), (d),] or (e), 481.114(d) [481.114(c), |
|
|
(d),] or (e), 481.115(c), (d), (e), or (f) [481.115(c)-(f)], |
|
|
481.1151(b)(2), (3), (4), or (5), 481.116(c), (d), or (e), |
|
|
481.1161(b)(4), (5), or (6), 481.117(c), (d), or (e), 481.118(c), |
|
|
(d), or (e), 481.120(b)(5) [481.120(b)(4), (5),] or (6), or |
|
|
481.121(b)(4), (5), or (6) is increased by five years and the |
|
|
maximum fine for the offense is doubled if it is shown on the trial |
|
|
of the offense that the offense was committed: |
|
|
(1) in, on, or within 1,000 feet of the premises of a |
|
|
school, the premises of a public or private youth center, or a |
|
|
playground; or |
|
|
(2) on a school bus. |
|
|
(c-1) An offense otherwise punishable under Section |
|
|
481.112(c), 481.1121(b)(2), 481.113(c), 481.114(c), or |
|
|
481.120(b)(4) is a felony of the first degree if it is shown on the |
|
|
trial of the offense that the offense was committed: |
|
|
(1) in, on, or within 1,000 feet of any real property |
|
|
that is owned, rented, or leased to a school or school board, the |
|
|
premises of a public or private youth center, or a playground; or |
|
|
(2) on a school bus. |
|
|
SECTION 2. Article 42A.054(a), Code of Criminal Procedure, |
|
|
is amended to read as follows: |
|
|
(a) Article 42A.053 does not apply to a defendant adjudged |
|
|
guilty of an offense under: |
|
|
(1) Section 15.03, Penal Code, if the offense is |
|
|
punishable as a felony of the first degree; |
|
|
(2) Section 19.02, Penal Code (Murder); |
|
|
(3) Section 19.03, Penal Code (Capital Murder); |
|
|
(4) Section 20.04, Penal Code (Aggravated |
|
|
Kidnapping); |
|
|
(5) Section 20A.02, Penal Code (Trafficking of |
|
|
Persons); |
|
|
(6) Section 20A.03, Penal Code (Continuous |
|
|
Trafficking of Persons); |
|
|
(7) Section 21.11, Penal Code (Indecency with a |
|
|
Child); |
|
|
(8) Section 22.011, Penal Code (Sexual Assault); |
|
|
(9) Section 22.021, Penal Code (Aggravated Sexual |
|
|
Assault); |
|
|
(10) Section 22.04(a)(1), Penal Code (Injury to a |
|
|
Child, Elderly Individual, or Disabled Individual), if: |
|
|
(A) the offense is punishable as a felony of the |
|
|
first degree; and |
|
|
(B) the victim of the offense is a child; |
|
|
(11) Section 29.03, Penal Code (Aggravated Robbery); |
|
|
(12) Section 30.02, Penal Code (Burglary), if: |
|
|
(A) the offense is punishable under Subsection |
|
|
(d) of that section; and |
|
|
(B) the actor committed the offense with the |
|
|
intent to commit a felony under Section 21.02, 21.11, 22.011, |
|
|
22.021, or 25.02, Penal Code; |
|
|
(13) Section 43.04, Penal Code (Aggravated Promotion |
|
|
of Prostitution); |
|
|
(14) Section 43.05, Penal Code (Compelling |
|
|
Prostitution); |
|
|
(15) Section 43.25, Penal Code (Sexual Performance by |
|
|
a Child); or |
|
|
(16) Chapter 481, Health and Safety Code, for which |
|
|
punishment is increased under: |
|
|
(A) Section 481.140 of that code (Use of Child in |
|
|
Commission of Offense); or |
|
|
(B) Section 481.134(c), (c-1), (d), (e), or (f) |
|
|
of that code (Drug-free Zones) if it is shown that the defendant has |
|
|
been previously convicted of an offense for which punishment was |
|
|
increased under any of those subsections. |
|
|
SECTION 3. Article 42A.056, Code of Criminal Procedure, is |
|
|
amended to read as follows: |
|
|
Art. 42A.056. LIMITATION ON JURY-RECOMMENDED COMMUNITY |
|
|
SUPERVISION. A defendant is not eligible for community supervision |
|
|
under Article 42A.055 if the defendant: |
|
|
(1) is sentenced to a term of imprisonment that |
|
|
exceeds 10 years; |
|
|
(2) is convicted of a state jail felony for which |
|
|
suspension of the imposition of the sentence occurs automatically |
|
|
under Article 42A.551; |
|
|
(3) is adjudged guilty of an offense under Section |
|
|
19.02, Penal Code; |
|
|
(4) is convicted of an offense under Section 21.11, |
|
|
22.011, or 22.021, Penal Code, if the victim of the offense was |
|
|
younger than 14 years of age at the time the offense was committed; |
|
|
(5) is convicted of an offense under Section 20.04, |
|
|
Penal Code, if: |
|
|
(A) the victim of the offense was younger than 14 |
|
|
years of age at the time the offense was committed; and |
|
|
(B) the actor committed the offense with the |
|
|
intent to violate or abuse the victim sexually; |
|
|
(6) is convicted of an offense under Section 20A.02, |
|
|
20A.03, 43.04, 43.05, or 43.25, Penal Code; or |
|
|
(7) is convicted of an offense for which punishment is |
|
|
increased under Section 481.134(c), (c-1), (d), (e), or (f), Health |
|
|
and Safety Code, if it is shown that the defendant has been |
|
|
previously convicted of an offense for which punishment was |
|
|
increased under any of those subsections. |
|
|
SECTION 4. Article 42A.102(b), Code of Criminal Procedure, |
|
|
as amended by Chapters 1137 (H.B. 2758) and 1298 (H.B. 3582), Acts |
|
|
of the 86th Legislature, Regular Session, 2019, is reenacted and |
|
|
amended to read as follows: |
|
|
(b) In all other cases, the judge may grant deferred |
|
|
adjudication community supervision unless: |
|
|
(1) the defendant is charged with an offense: |
|
|
(A) under Section 20A.02, [or] 20A.03, [or] |
|
|
49.045, 49.05, 49.065, 49.07, or 49.08, Penal Code; |
|
|
(B) under Section 49.04 or 49.06, Penal Code, |
|
|
and, at the time of the offense: |
|
|
(i) the defendant held a commercial |
|
|
driver's license or a commercial learner's permit; or |
|
|
(ii) the defendant's alcohol concentration, |
|
|
as defined by Section 49.01, Penal Code, was 0.15 or more; |
|
|
(C) for which punishment may be increased under |
|
|
Section 49.09, Penal Code; or |
|
|
(D) for which punishment may be increased under |
|
|
Section 481.134(c), (c-1), (d), (e), or (f), Health and Safety |
|
|
Code, if it is shown that the defendant has been previously |
|
|
convicted of an offense for which punishment was increased under |
|
|
any one of those subsections; |
|
|
(2) the defendant: |
|
|
(A) is charged with an offense under Section |
|
|
21.11, 22.011, 22.021, 43.04, or 43.05, Penal Code, regardless of |
|
|
the age of the victim, or a felony described by Article 42A.453(b), |
|
|
other than a felony described by Subdivision (1)(A) or (3)(B) of |
|
|
this subsection; and |
|
|
(B) has previously been placed on community |
|
|
supervision for an offense under Paragraph (A); |
|
|
(3) the defendant is charged with an offense under: |
|
|
(A) Section 21.02, Penal Code; or |
|
|
(B) Section 22.021, Penal Code, that is |
|
|
punishable under Subsection (f) of that section or under Section |
|
|
12.42(c)(3) or (4), Penal Code; or |
|
|
(4) the defendant is charged with an offense under |
|
|
Section 19.02, Penal Code, except that the judge may grant deferred |
|
|
adjudication community supervision on determining that the |
|
|
defendant did not cause the death of the deceased, did not intend to |
|
|
kill the deceased or another, and did not anticipate that a human |
|
|
life would be taken. |
|
|
SECTION 5. 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 was |
|
|
committed before that date. |
|
|
SECTION 6. This Act takes effect September 1, 2021. |