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A BILL TO BE ENTITLED
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AN ACT
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relating to the punishment of certain controlled substance offenses |
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committed in a drug-free zone. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 481.134, Health and Safety Code, is |
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amended by amending Subsections (b), (c), (d), (e), and (f) and |
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adding Subsection (i) to read as follows: |
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(b) An offense otherwise punishable as a state jail felony |
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under Section 481.112, 481.1121, 481.113, 481.114, or 481.120 is |
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punishable as a felony of the third degree, and an offense otherwise |
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punishable as a felony of the second degree under any of those |
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sections is punishable as a felony of the first degree, if it is |
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shown at the punishment phase of the trial of the offense that the |
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offense was committed: |
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(1) in, on, or within 500 [1,000] feet of premises |
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owned, rented, or leased by an institution of higher learning, the |
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premises of a public or private youth center, or a playground; or |
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(2) in, on, or within 300 feet of the premises of a |
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public swimming pool [or video arcade facility]. |
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(c) The minimum term of confinement or imprisonment for an |
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offense otherwise punishable under Section 481.112(c), (d), (e), or |
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(f), 481.1121(b)(2), (3), or (4), 481.113(c), (d), or (e), |
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481.114(c), (d), or (e), 481.115(c), (d), (e), or (f) |
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[481.115(c)-(f)], 481.1151(b)(2), (3), (4), or (5), 481.116(c), |
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(d), or (e), 481.1161(b)(4), (5), or (6), 481.117(c), (d), or (e), |
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481.118(c), (d), or (e), 481.120(b)(4), (5), or (6), or |
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481.121(b)(4), (5), or (6) is increased by five years and the |
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maximum fine for the offense is doubled if it is shown on the trial |
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of the offense that the offense was committed: |
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(1) in, on, or within 500 [1,000] feet of the premises |
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of a school, the premises of a public or private youth center, or a |
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playground; or |
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(2) on a school bus. |
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(d) An offense otherwise punishable under Section |
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481.112(b), 481.1121(b)(1), 481.113(b), 481.114(b), [481.115(b), |
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481.1151(b)(1), 481.116(b),] 481.1161(b)(3), 481.120(b)(3), or |
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481.121(b)(3) is a felony of the third degree if it is shown on the |
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trial of the offense that the offense was committed: |
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(1) in, on, or within 500 [1,000] feet of any real |
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property that is owned, rented, or leased to a school or school |
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board, the premises of a public or private youth center, or a |
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playground; or |
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(2) on a school bus. |
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(e) An offense otherwise punishable under Section |
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[481.117(b),] 481.119(a) or[,] 481.120(b)(2)[, or 481.121(b)(2)] |
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is a state jail felony if it is shown on the trial of the offense |
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that the offense was committed: |
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(1) in, on, or within 500 [1,000] feet of any real |
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property that is owned, rented, or leased to a school or school |
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board, the premises of a public or private youth center, or a |
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playground; or |
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(2) on a school bus. |
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(f) An offense otherwise punishable under Section |
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[481.118(b),] 481.119(b) or[,] 481.120(b)(1)[, or 481.121(b)(1)] |
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is a Class A misdemeanor if it is shown on the trial of the offense |
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that the offense was committed: |
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(1) in, on, or within 500 [1,000] feet of any real |
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property that is owned, rented, or leased to a school or school |
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board, the premises of a public or private youth center, or a |
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playground; or |
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(2) on a school bus. |
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(i) Punishment may not be increased under this section if it |
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is shown on the trial of the offense that the defendant was driving |
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or otherwise in transit through an area described by Subsection |
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(b)(1) or (2), (c)(1), (d)(1), (e)(1), or (f)(1) at the time the |
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offense occurred. |
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SECTION 2. Article 18.19(d), Code of Criminal Procedure, is |
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amended to read as follows: |
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(d) A person either convicted or receiving deferred |
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adjudication under Chapter 46, Penal Code, is entitled to the |
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weapon seized upon request to the court in which the person was |
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convicted or placed on deferred adjudication. However, the court |
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entering the judgment shall order the weapon destroyed, sold at |
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public sale by the law enforcement agency holding the weapon or by |
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an auctioneer licensed under Chapter 1802, Occupations Code, or |
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forfeited to the state for use by the law enforcement agency holding |
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the weapon or by a county forensic laboratory designated by the |
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court if: |
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(1) the person does not request the weapon before the |
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61st day after the date of the judgment of conviction or the order |
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placing the person on deferred adjudication; |
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(2) the person has been previously convicted under |
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Chapter 46, Penal Code; |
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(3) the weapon is one defined as a prohibited weapon |
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under Chapter 46, Penal Code; |
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(4) the offense for which the person is convicted or |
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receives deferred adjudication was committed in or on the premises |
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of: |
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(A) a playground, school, [video arcade |
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facility,] or youth center, as those terms are defined by Section |
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481.134, Health and Safety Code; or |
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(B) a video arcade facility, as defined by |
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Article 42A.453; or |
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(5) the court determines based on the prior criminal |
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history of the defendant or based on the circumstances surrounding |
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the commission of the offense that possession of the seized weapon |
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would pose a threat to the community or one or more individuals. |
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SECTION 3. Article 42A.453(a), Code of Criminal Procedure, |
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is amended to read as follows: |
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(a) In this article: |
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(1) "Playground,"[, "playground,"] "premises," |
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"school," ["video arcade facility,"] and "youth center" have the |
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meanings assigned by Section 481.134, Health and Safety Code. |
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(2) "Video arcade facility" means any facility that: |
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(A) is open to the public, including persons who |
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are 17 years of age or younger; |
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(B) is intended primarily for the use of pinball |
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or video machines; and |
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(C) contains at least three pinball or video |
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machines. |
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SECTION 4. Article 42A.502(a), Code of Criminal Procedure, |
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is amended to read as follows: |
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(a) In this article: |
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(1) "Playground,"[, "playground,"] "premises," |
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"school," ["video arcade facility,"] and "youth center" have the |
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meanings assigned by Section 481.134, Health and Safety Code. |
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(2) "Video arcade facility" has the meaning assigned |
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by Article 42A.453. |
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SECTION 5. Section 508.187(f), Government Code, is amended |
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to read as follows: |
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(f) In this section: |
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(1) "Playground,"[, "playground,"] "premises," |
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"school," ["video arcade facility,"] and "youth center" have the |
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meanings assigned by Section 481.134, Health and Safety Code. |
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(2) "Video arcade facility" has the meaning assigned |
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by Article 42A.453, Code of Criminal Procedure. |
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SECTION 6. Section 508.225(d), Government Code, is amended |
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to read as follows: |
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(d) In this section: |
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(1) "Playground,"[, "playground,"] "premises," |
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"school," ["video arcade facility,"] and "youth center" have the |
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meanings assigned by Section 481.134, Health and Safety Code. |
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(2) "Video arcade facility" has the meaning assigned |
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by Article 42A.453, Code of Criminal Procedure. |
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SECTION 7. Section 341.906(a), Local Government Code, is |
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amended by amending Subdivision (2) and adding Subdivision (4) to |
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read as follows: |
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(2) "Playground," "premises," "school," ["video |
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arcade facility,"] and "youth center" have the meanings assigned by |
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Section 481.134, Health and Safety Code. |
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(4) "Video arcade facility" has the meaning assigned |
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by Article 42A.453, Code of Criminal Procedure. |
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SECTION 8. Section 71.028(a), Penal Code, is amended by |
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amending Subdivision (1) and adding Subdivision (3) to read as |
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follows: |
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(1) "Institution of higher education," "playground," |
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"premises," "school," ["video arcade facility,"] and "youth |
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center" have the meanings assigned by Section 481.134, Health and |
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Safety Code. |
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(3) "Video arcade facility" has the meaning assigned |
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by Article 42A.453, Code of Criminal Procedure. |
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SECTION 9. Section 481.134(a)(6), Health and Safety Code, |
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is repealed. |
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SECTION 10. The changes in law made by this Act apply only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 11. This Act takes effect September 1, 2021. |