73R5957 NSC-F
By De La Garza, Rabuck, Hill, et al. H.B. No. 30
Substitute the following for H.B. No. 30:
By De La Garza C.S.H.B. No. 30
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to drug-free and weapon-free school zones and to the
1-3 imposition of penalties for the possession, delivery, manufacture,
1-4 or possession with the intent to deliver or manufacture a
1-5 controlled substance in drug-free school zones or on school buses
1-6 and penalties for certain offenses involving weapons committed in
1-7 weapon-free school zones.
1-8 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-9 SECTION 1. Subchapter D, Chapter 481, Health and Safety
1-10 Code, is amended by adding Section 481.134 to read as follows:
1-11 Sec. 481.134. DRUG-FREE SCHOOL ZONES. (a) In this section:
1-12 (1) "Minor" means a person who is 17 years of age or
1-13 younger.
1-14 (2) "School" means a private or public elementary or
1-15 secondary school.
1-16 (b) The minimum term of confinement for an offense otherwise
1-17 punishable under Section 481.112, 481.113, 481.114, 481.115,
1-18 481.116, 481.117(d), 481.118(d), 481.120(b)(3), (b)(4), (b)(5), or
1-19 (d), or 481.121(b)(3), (b)(4), or (d) is increased by five years
1-20 and the maximum fine for the offense is doubled if it is shown on
1-21 the trial of the offense that the offense was committed:
1-22 (1) in, on, or within 1,000 feet of any real property
1-23 that is owned or leased to a school or school board; or
1-24 (2) on a school bus.
2-1 (c) An offense otherwise punishable under Section
2-2 481.117(b), 481.119(a), 481.120(b)(2), or 481.121(b)(2) is a felony
2-3 of the third degree if it is shown on the trial of the offense that
2-4 the offense was committed:
2-5 (1) in, on, or within 1,000 feet of any real property
2-6 that is owned or leased to a school or school board; or
2-7 (2) on a school bus.
2-8 (d) An offense otherwise punishable under Section
2-9 481.118(b), 481.119(b), 481.120(b)(1), or 481.121(b)(1) is a Class
2-10 A misdemeanor if it is shown on the trial of the offense that the
2-11 offense was committed:
2-12 (1) in, on, or within 1,000 feet of any real property
2-13 that is owned or leased to a school or school board; or
2-14 (2) on a school bus.
2-15 (e) Subsection (d) does not apply to an offense if:
2-16 (1) the offense was committed inside a private
2-17 residence; and
2-18 (2) no minor was present in the private residence at
2-19 the time the offense was committed.
2-20 (f) Punishment that is increased for a conviction for an
2-21 offense listed under this section may not run concurrently with
2-22 punishment for a conviction under any other criminal statute.
2-23 SECTION 2. Subchapter D, Chapter 481, Health and Safety
2-24 Code, is amended by adding Section 481.135 to read as follows:
2-25 Sec. 481.135. MAPS AS EVIDENCE OF LOCATION OR AREA. (a) In
2-26 a prosecution under Section 481.134, a map produced or reproduced
2-27 by a municipal or county engineer for the purpose of showing the
3-1 location and boundaries of drug-free school zones is admissible in
3-2 evidence and is prima facie evidence of the location or boundaries
3-3 of those areas if the governing body of the municipality or county
3-4 adopts a resolution or ordinance approving the map as an official
3-5 finding and record of the location or boundaries of those areas.
3-6 (b) A municipal or county engineer may, on request of the
3-7 governing body of the municipality or county, revise a map that has
3-8 been approved by the governing body of the municipality or county
3-9 as provided by Subsection (a).
3-10 (c) A municipal or county engineer shall file the original
3-11 or a copy of every approved or revised map approved as provided by
3-12 Subsection (a) with the county clerk of each county in which the
3-13 area is located.
3-14 (d) This section does not prevent the prosecution from:
3-15 (1) introducing or relying on any other evidence or
3-16 testimony to establish any element of an offense for which
3-17 punishment is increased under Section 481.134; or
3-18 (2) using or introducing any other map or diagram
3-19 otherwise admissible under the Texas Rules of Criminal Evidence.
3-20 SECTION 3. Section 3g(a), Article 42.12, Code of Criminal
3-21 Procedure, is amended to read as follows:
3-22 (a) The provisions of Section 3 of this article do not
3-23 apply:
3-24 (1) to a defendant adjudged guilty of an offense
3-25 defined by the following sections of the Penal Code:
3-26 (A) Section 19.03 (Capital murder);
3-27 (B) Section 20.04 (Aggravated kidnapping);
4-1 (C) Section 22.021 (Aggravated sexual assault);
4-2 (D) Section 29.03 (Aggravated robbery); <or>
4-3 (2) to a defendant adjudged guilty of an offense for
4-4 which punishment is increased under Section 481.134, Health and
4-5 Safety Code, if it is shown that the defendant has been previously
4-6 convicted of an offense for which punishment was increased under
4-7 that section; or
4-8 (3) to a defendant when it is shown that a deadly
4-9 weapon as defined in Section 1.07(a)(11), Penal Code, was used or
4-10 exhibited during the commission of a felony offense or during
4-11 immediate flight therefrom, and that the defendant used or
4-12 exhibited the deadly weapon or was a party to the offense and knew
4-13 that a deadly weapon would be used or exhibited. On an affirmative
4-14 finding under this subdivision, the trial court shall enter the
4-15 finding in the judgment of the court. On an affirmative finding
4-16 that the deadly weapon was a firearm, the court shall enter that
4-17 finding in its judgment.
4-18 SECTION 4. Section 4(a), Article 42.12, Code of Criminal
4-19 Procedure, is amended to read as follows:
4-20 (a) When there is a felony conviction in any court of this
4-21 State and the punishment assessed by the jury shall not exceed ten
4-22 years, the jury may recommend probation for a period of any term of
4-23 years authorized for the offense for which the defendant was
4-24 convicted, but in no event for more than ten years, upon written
4-25 sworn motion made therefor by the defendant, filed before the trial
4-26 begins. When the jury recommends probation, it may also assess a
4-27 fine applicable to the offense for which the defendant was
5-1 convicted. When the trial is to a jury, and the defendant has no
5-2 counsel, the court shall inform the defendant of his right to make
5-3 such motion, and the court shall appoint counsel to prepare and
5-4 present same, if desired by the defendant. In no case shall
5-5 probation be recommended by the jury except when the sworn motion
5-6 and proof shall show, and the jury shall find in their verdict that
5-7 the defendant has never before been convicted of a felony in this
5-8 or any other State. This law is not to be construed as preventing
5-9 the jury from passing on the guilt of the defendant, but he may
5-10 enter a plea of not guilty. In all eligible cases, probation shall
5-11 be granted by the court, if the jury recommends it in their
5-12 verdict, for the period recommended by the jury. This section does
5-13 not apply to a defendant adjudged guilty of an offense under
5-14 Section 481.122, Texas Controlled Substances Act (Chapter 481,
5-15 Health and Safety Code), if it is shown on the trial of the offense
5-16 that the defendant was 21 years of age or older at the time the
5-17 offense was committed by his own conduct or to a defendant adjudged
5-18 guilty of an offense for which punishment is increased under
5-19 Section 481.134, Health and Safety Code, if it is shown that the
5-20 defendant has been previously convicted of an offense for which
5-21 punishment was increased under that section.
5-22 SECTION 5. Section 5(d), Article 42.12, Code of Criminal
5-23 Procedure, is amended to read as follows:
5-24 (d) This section does not apply to a defendant charged with
5-25 an offense under Subdivision (2), Subsection (a), Section 19.05,
5-26 Penal Code, an offense under Sections 481.107(b) through (e),
5-27 481.122, or 481.126, Health and Safety Code, an offense under
6-1 Article 6701l-1, Revised Statutes, an offense under Section 34,
6-2 Chapter 173, Acts of the 47th Legislature, Regular Session, 1941
6-3 (Article 6687b, Vernon's Texas Civil Statutes), an offense under
6-4 Section 32(c), Texas Motor Vehicle Safety-Responsibility Act
6-5 (Article 6701h, Vernon's Texas Civil Statutes), or an offense under
6-6 Section 10, Texas Commercial Driver's License Act (Article 6687b-2,
6-7 Revised Statutes), or to a defendant adjudged guilty of an offense
6-8 for which punishment is increased under Section 481.134, Health and
6-9 Safety Code, if it is shown that the defendant has been previously
6-10 convicted of an offense for which punishment was increased under
6-11 that section.
6-12 SECTION 6. Chapter 46, Penal Code, is amended by adding
6-13 Section 46.13 to read as follows:
6-14 Sec. 46.13. PENALTY IF OFFENSE COMMITTED WITHIN WEAPON-FREE
6-15 SCHOOL ZONE. (a) Except as provided by Subsection (b) of this
6-16 section, the punishment prescribed for an offense under this
6-17 chapter is increased to the punishment prescribed for the next
6-18 highest category of offense if it is shown on the trial of the
6-19 offense that the offense was committed within 1,000 feet of a
6-20 primary or secondary school subject to or eligible for
6-21 accreditation by the Central Education Agency.
6-22 (b) This section does not apply to an offense under Section
6-23 46.04(a)(1) of this code.
6-24 SECTION 7. Chapter 46, Penal Code, is amended by adding
6-25 Section 46.14 to read as follows:
6-26 Sec. 46.14. MAPS AS EVIDENCE OF LOCATION OR AREA. (a) In a
6-27 prosecution under Section 46.13, a map produced or reproduced by a
7-1 municipal or county engineer for the purpose of showing the
7-2 location and boundaries of weapon-free school zones is admissible
7-3 in evidence and is prima facie evidence of the location or
7-4 boundaries of those areas if the governing body of the municipality
7-5 or county adopts a resolution or ordinance approving the map as an
7-6 official finding and record of the location or boundaries of those
7-7 areas.
7-8 (b) A municipal or county engineer may, on request of the
7-9 governing body of the municipality or county, revise a map that has
7-10 been approved by the governing body of the municipality or county
7-11 as provided by Subsection (a).
7-12 (c) A municipal or county engineer shall file the original
7-13 or a copy of every approved or revised map approved as provided by
7-14 Subsection (a) with the county clerk of each county in which the
7-15 area is located.
7-16 (d) This section does not prevent the prosecution from:
7-17 (1) introducing or relying on any other evidence or
7-18 testimony to establish any element of an offense for which
7-19 punishment is increased under Section 46.13; or
7-20 (2) using or introducing any other map or diagram
7-21 otherwise admissible under the Texas Rules of Criminal Evidence.
7-22 SECTION 8. (a) The change in law made by this Act applies
7-23 only to the punishment for an offense committed on or after the
7-24 effective date of this Act. For purposes of this section, an
7-25 offense is committed before the effective date of this Act if any
7-26 element of the offense occurs before the effective date.
7-27 (b) An offense committed before the effective date of this
8-1 Act is covered by the law in effect when the offense was committed,
8-2 and the former law is continued in effect for this purpose.
8-3 SECTION 9. This Act takes effect January 1, 1994.
8-4 SECTION 10. The importance of this legislation and the
8-5 crowded condition of the calendars in both houses create an
8-6 emergency and an imperative public necessity that the
8-7 constitutional rule requiring bills to be read on three several
8-8 days in each house be suspended, and this rule is hereby suspended.