By De La Garza, Rabuck, Hill, H.B. No. 30
Jones of Dallas, Carona, et al.
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to drug-free and weapon-free zones and to the imposition
1-3 of penalties for the possession, delivery, manufacture, or
1-4 possession with the intent to deliver or manufacture a controlled
1-5 substance in drug-free zones or on school buses and penalties for
1-6 certain offenses involving weapons committed in weapon-free zones.
1-7 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-8 SECTION 1. Subchapter D, Chapter 481, Health and Safety
1-9 Code, is amended by adding Section 481.134 to read as follows:
1-10 Sec. 481.134. DRUG-FREE ZONES. (a) In this section:
1-11 (1) "Minor" means a person who is 17 years of age or
1-12 younger.
1-13 (2) "School" means a private or public elementary or
1-14 secondary school.
1-15 (3) "Institution of higher education" means any public
1-16 or private technical institute, junior college, senior college or
1-17 university, medical or dental unit, or other agency of higher
1-18 education as defined by Section 61.003, Education Code.
1-19 (4) "Playground" means any outdoor facility that is
1-20 not on the premises of a school and that:
1-21 (A) is intended for recreation;
1-22 (B) is open to the public; and
1-23 (C) contains three or more separate apparatus
1-24 intended for the recreation of children, such as slides, swing
2-1 sets, and teeterboards.
2-2 (5) "Premises" means real property and all buildings
2-3 and appurtenances pertaining to the real property.
2-4 (6) "Video arcade facility" means any facility that:
2-5 (A) is open to the public, including persons who
2-6 are 17 years of age or younger;
2-7 (B) is intended primarily for the use of pinball
2-8 or video machines; and
2-9 (C) contains at least three pinball or video
2-10 machines.
2-11 (7) "Youth center" means any recreational facility or
2-12 gymnasium that:
2-13 (A) is intended primarily for use by persons who
2-14 are 17 years of age or younger; and
2-15 (B) regularly provides athletic, civic, or
2-16 cultural activities.
2-17 (b) The minimum term of confinement for an offense otherwise
2-18 punishable under Section 481.112, 481.113, 481.114, 481.115,
2-19 481.116, 481.117(d), 481.118(d), 481.120(b)(3), (b)(4), (b)(5), or
2-20 (d), or 481.121(b)(3), (b)(4), or (d) is increased by five years
2-21 and the maximum fine for the offense is doubled if it is shown on
2-22 the trial of the offense that the offense was committed:
2-23 (1) in, on, or within 1,000 feet of any real property
2-24 that is owned, rented, or leased to a school or school board;
2-25 (2) on a school bus;
2-26 (3) in, on, or within 1,000 feet of the premises of an
2-27 institution of higher education; or
3-1 (4) in, on, or within 300 feet of the premises of a
3-2 playground, public or private youth center, public swimming pool,
3-3 or video arcade facility.
3-4 (c) An offense otherwise punishable under Section
3-5 481.117(b), 481.119(a), 481.120(b)(2), or 481.121(b)(2) is a felony
3-6 of the third degree if it is shown on the trial of the offense that
3-7 the offense was committed:
3-8 (1) in, on, or within 1,000 feet of any real property
3-9 that is owned, rented, or leased to a school or school board;
3-10 (2) on a school bus;
3-11 (3) in, on, or within 1,000 feet of the premises of an
3-12 institution of higher education; or
3-13 (4) in, on, or within 300 feet of the premises of a
3-14 playground, public or private youth center, public swimming pool,
3-15 or video arcade facility.
3-16 (d) An offense otherwise punishable under Section
3-17 481.118(b), 481.119(b), 481.120(b)(1), or 481.121(b)(1) is a Class
3-18 A misdemeanor if it is shown on the trial of the offense that the
3-19 offense was committed:
3-20 (1) in, on, or within 1,000 feet of any real property
3-21 that is owned, rented, or leased to a school or school board;
3-22 (2) on a school bus;
3-23 (3) in, on, or within 1,000 feet of the premises of an
3-24 institution of higher education; or
3-25 (4) in, on, or within 300 feet of the premises of a
3-26 playground, public or private youth center, public swimming pool,
3-27 or video arcade facility.
4-1 (e) Subsection (d) does not apply to an offense if:
4-2 (1) the offense was committed inside a private
4-3 residence; and
4-4 (2) no minor was present in the private residence at
4-5 the time the offense was committed.
4-6 (f) Punishment that is increased for a conviction for an
4-7 offense listed under this section may not run concurrently with
4-8 punishment for a conviction under any other criminal statute.
4-9 SECTION 2. Subchapter D, Chapter 481, Health and Safety
4-10 Code, is amended by adding Section 481.135 to read as follows:
4-11 Sec. 481.135. MAPS AS EVIDENCE OF LOCATION OR AREA. (a) In
4-12 a prosecution under Section 481.134, a map produced or reproduced
4-13 by a municipal or county engineer for the purpose of showing the
4-14 location and boundaries of drug-free zones is admissible in
4-15 evidence and is prima facie evidence of the location or boundaries
4-16 of those areas if the governing body of the municipality or county
4-17 adopts a resolution or ordinance approving the map as an official
4-18 finding and record of the location or boundaries of those areas.
4-19 (b) A municipal or county engineer may, on request of the
4-20 governing body of the municipality or county, revise a map that has
4-21 been approved by the governing body of the municipality or county
4-22 as provided by Subsection (a).
4-23 (c) A municipal or county engineer shall file the original
4-24 or a copy of every approved or revised map approved as provided by
4-25 Subsection (a) with the county clerk of each county in which the
4-26 area is located.
4-27 (d) This section does not prevent the prosecution from:
5-1 (1) introducing or relying on any other evidence or
5-2 testimony to establish any element of an offense for which
5-3 punishment is increased under Section 481.134; or
5-4 (2) using or introducing any other map or diagram
5-5 otherwise admissible under the Texas Rules of Criminal Evidence.
5-6 SECTION 3. Section 3g(a), Article 42.12, Code of Criminal
5-7 Procedure, is amended to read as follows:
5-8 (a) The provisions of Section 3 of this article do not
5-9 apply:
5-10 (1) to a defendant adjudged guilty of an offense
5-11 defined by the following sections of the Penal Code:
5-12 (A) Section 19.03 (Capital murder);
5-13 (B) Section 20.04 (Aggravated kidnapping);
5-14 (C) Section 22.021 (Aggravated sexual assault);
5-15 (D) Section 29.03 (Aggravated robbery); <or>
5-16 (2) to a defendant adjudged guilty of an offense for
5-17 which punishment is increased under Section 481.134, Health and
5-18 Safety Code, if it is shown that the defendant has been previously
5-19 convicted of an offense for which punishment was increased under
5-20 that section; or
5-21 (3) to a defendant when it is shown that a deadly
5-22 weapon as defined in Section 1.07(a)(11), Penal Code, was used or
5-23 exhibited during the commission of a felony offense or during
5-24 immediate flight therefrom, and that the defendant used or
5-25 exhibited the deadly weapon or was a party to the offense and knew
5-26 that a deadly weapon would be used or exhibited. On an affirmative
5-27 finding under this subdivision, the trial court shall enter the
6-1 finding in the judgment of the court. On an affirmative finding
6-2 that the deadly weapon was a firearm, the court shall enter that
6-3 finding in its judgment.
6-4 SECTION 4. Section 4(a), Article 42.12, Code of Criminal
6-5 Procedure, is amended to read as follows:
6-6 (a) When there is a felony conviction in any court of this
6-7 State and the punishment assessed by the jury shall not exceed ten
6-8 years, the jury may recommend probation for a period of any term of
6-9 years authorized for the offense for which the defendant was
6-10 convicted, but in no event for more than ten years, upon written
6-11 sworn motion made therefor by the defendant, filed before the trial
6-12 begins. When the jury recommends probation, it may also assess a
6-13 fine applicable to the offense for which the defendant was
6-14 convicted. When the trial is to a jury, and the defendant has no
6-15 counsel, the court shall inform the defendant of his right to make
6-16 such motion, and the court shall appoint counsel to prepare and
6-17 present same, if desired by the defendant. In no case shall
6-18 probation be recommended by the jury except when the sworn motion
6-19 and proof shall show, and the jury shall find in their verdict that
6-20 the defendant has never before been convicted of a felony in this
6-21 or any other State. This law is not to be construed as preventing
6-22 the jury from passing on the guilt of the defendant, but he may
6-23 enter a plea of not guilty. In all eligible cases, probation shall
6-24 be granted by the court, if the jury recommends it in their
6-25 verdict, for the period recommended by the jury. This section does
6-26 not apply to a defendant adjudged guilty of an offense under
6-27 Section 481.122, Texas Controlled Substances Act (Chapter 481,
7-1 Health and Safety Code), if it is shown on the trial of the offense
7-2 that the defendant was 21 years of age or older at the time the
7-3 offense was committed by his own conduct or to a defendant adjudged
7-4 guilty of an offense for which punishment is increased under
7-5 Section 481.134, Health and Safety Code, if it is shown that the
7-6 defendant has been previously convicted of an offense for which
7-7 punishment was increased under that section.
7-8 SECTION 5. Section 5(d), Article 42.12, Code of Criminal
7-9 Procedure, is amended to read as follows:
7-10 (d) This section does not apply to a defendant charged with
7-11 an offense under Subdivision (2), Subsection (a), Section 19.05,
7-12 Penal Code, an offense under Sections 481.107(b) through (e),
7-13 481.122, or 481.126, Health and Safety Code, an offense under
7-14 Article 6701l-1, Revised Statutes, an offense under Section 34,
7-15 Chapter 173, Acts of the 47th Legislature, Regular Session, 1941
7-16 (Article 6687b, Vernon's Texas Civil Statutes), an offense under
7-17 Section 32(c), Texas Motor Vehicle Safety-Responsibility Act
7-18 (Article 6701h, Vernon's Texas Civil Statutes), or an offense under
7-19 Section 10, Texas Commercial Driver's License Act (Article 6687b-2,
7-20 Revised Statutes), or to a defendant adjudged guilty of an offense
7-21 for which punishment is increased under Section 481.134, Health and
7-22 Safety Code, if it is shown that the defendant has been previously
7-23 convicted of an offense for which punishment was increased under
7-24 that section.
7-25 SECTION 6. Chapter 46, Penal Code, is amended by adding
7-26 Section 46.13 to read as follows:
7-27 Sec. 46.13. PENALTY IF OFFENSE COMMITTED WITHIN WEAPON-FREE
8-1 ZONE. (a) Except as provided by Subsection (b) of this section,
8-2 the punishment prescribed for an offense under this chapter is
8-3 increased to the punishment prescribed for the next highest
8-4 category of offense if it is shown on the trial of the offense that
8-5 the offense was committed:
8-6 (1) within 1,000 feet of a primary or secondary school
8-7 subject to or eligible for accreditation by the Central Education
8-8 Agency;
8-9 (2) in, on, or within 1,000 feet of the premises of an
8-10 institution of higher education; or
8-11 (3) in, on, or within 300 feet of the premises of a
8-12 playground, public or private youth center, public swimming pool,
8-13 or video arcade facility.
8-14 (b) This section does not apply to an offense under Section
8-15 46.04(a)(1) of this code.
8-16 SECTION 7. Chapter 46, Penal Code, is amended by adding
8-17 Section 46.14 to read as follows:
8-18 Sec. 46.14. MAPS AS EVIDENCE OF LOCATION OR AREA. (a) In a
8-19 prosecution under Section 46.13, a map produced or reproduced by a
8-20 municipal or county engineer for the purpose of showing the
8-21 location and boundaries of weapon-free zones is admissible in
8-22 evidence and is prima facie evidence of the location or boundaries
8-23 of those areas if the governing body of the municipality or county
8-24 adopts a resolution or ordinance approving the map as an official
8-25 finding and record of the location or boundaries of those areas.
8-26 (b) A municipal or county engineer may, on request of the
8-27 governing body of the municipality or county, revise a map that has
9-1 been approved by the governing body of the municipality or county
9-2 as provided by Subsection (a).
9-3 (c) A municipal or county engineer shall file the original
9-4 or a copy of every approved or revised map approved as provided by
9-5 Subsection (a) with the county clerk of each county in which the
9-6 area is located.
9-7 (d) This section does not prevent the prosecution from:
9-8 (1) introducing or relying on any other evidence or
9-9 testimony to establish any element of an offense for which
9-10 punishment is increased under Section 46.13; or
9-11 (2) using or introducing any other map or diagram
9-12 otherwise admissible under the Texas Rules of Criminal Evidence.
9-13 SECTION 8. (a) The change in law made by this Act applies
9-14 only to the punishment for an offense committed on or after the
9-15 effective date of this Act. For purposes of this section, an
9-16 offense is committed before the effective date of this Act if any
9-17 element of the offense occurs before the effective date.
9-18 (b) An offense committed before the effective date of this
9-19 Act is covered by the law in effect when the offense was committed,
9-20 and the former law is continued in effect for this purpose.
9-21 SECTION 9. This Act takes effect January 1, 1994.
9-22 SECTION 10. The importance of this legislation and the
9-23 crowded condition of the calendars in both houses create an
9-24 emergency and an imperative public necessity that the
9-25 constitutional rule requiring bills to be read on three several
9-26 days in each house be suspended, and this rule is hereby suspended.