By: Hill, Fred H.B. No. 150
73R1509 NSC-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the offenses of going with a weapon within a school
1-3 zone and discharging a firearm on the premises of a school or
1-4 within a school zone, to the prosecution of juveniles for those
1-5 offenses, and to the authority of a municipality or county to post
1-6 signs relating to weapon-free school zones; providing penalties.
1-7 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-8 SECTION 1. Section 46.01, Penal Code, is amended by adding
1-9 Subdivision (17) to read as follows:
1-10 (17) "School zone" means public property within 1,000
1-11 feet of the premises of a public or private elementary or secondary
1-12 school.
1-13 SECTION 2. Section 46.04, Penal Code, is amended by amending
1-14 Subsection (a) and adding Subsection (d) to read as follows:
1-15 (a) A person commits an offense if, with a firearm, illegal
1-16 knife, or prohibited weapon listed in Section 46.06(a) of this
1-17 code, he intentionally, knowingly, or recklessly goes:
1-18 (1) on the premises of a school or an educational
1-19 institution, whether public or private, unless pursuant to written
1-20 regulations or written authorization of the institution or school;
1-21 (2) on the premises of a polling place on the day of
1-22 an election or while early voting is in progress;
1-23 (3) in any government court or offices utilized by the
1-24 court, unless pursuant to written regulations or written
2-1 authorization of the court; <or>
2-2 (4) on the premises of a racetrack; or
2-3 (5) in a school zone.
2-4 (d) It is a defense to prosecution under Subsection (a)(5)
2-5 of this section that:
2-6 (1) the actor was in a motor vehicle on a public road;
2-7 and
2-8 (2) the firearm was unloaded and in a locked
2-9 container, locked gun rack, or otherwise not easily accessible to
2-10 the actor while in the vehicle.
2-11 SECTION 3. Sections 42.01(a), (b), and (d), Penal Code, are
2-12 amended to read as follows:
2-13 (a) A person commits an offense if he intentionally or
2-14 knowingly:
2-15 (1) uses abusive, indecent, profane, or vulgar
2-16 language in a public place, and the language by its very utterance
2-17 tends to incite an immediate breach of the peace;
2-18 (2) makes an offensive gesture or display in a public
2-19 place, and the gesture or display tends to incite an immediate
2-20 breach of the peace;
2-21 (3) creates, by chemical means, a noxious and
2-22 unreasonable odor in a public place;
2-23 (4) abuses or threatens a person in a public place in
2-24 an obviously offensive manner;
2-25 (5) makes unreasonable noise in a public place other
2-26 than a sport shooting range, as defined by Section 250.001, Local
2-27 Government Code, or in or near a private residence that he has no
3-1 right to occupy;
3-2 (6) fights with another in a public place;
3-3 (7) enters on the property of another and for a lewd
3-4 or unlawful purpose looks into a dwelling on the property through
3-5 any window or other opening in the dwelling;
3-6 (8) while on the premises of a hotel or comparable
3-7 establishment, for a lewd or unlawful purpose looks into a guest
3-8 room not his own through a window or other opening in the room;
3-9 (9) discharges a firearm in a public place other than:
3-10 (A) a public road;
3-11 (B) <or> a sport shooting range, as defined by
3-12 Section 250.001, Local Government Code;
3-13 (C) the premises of a public or private
3-14 elementary or secondary school; or
3-15 (D) a school zone, as defined by Section 46.01
3-16 of this code;
3-17 (10) displays a firearm or other deadly weapon in a
3-18 public place in a manner calculated to alarm;
3-19 (11) discharges a firearm on or across a public road
3-20 other than in a school zone, as defined by Section 46.01 of this
3-21 code; <or>
3-22 (12) exposes his anus or genitals in a public place
3-23 and is reckless about whether another may be present who will be
3-24 offended or alarmed by his act;
3-25 (13) discharges a firearm on the premises of a public
3-26 or private elementary or secondary school; or
3-27 (14) discharges a firearm in a school zone, as defined
4-1 by Section 46.01 of this code.
4-2 (b) It is a defense to prosecution under Subsection (a)(4)
4-3 of this section that the actor had significant provocation for his
4-4 abusive or threatening conduct. It is a defense to prosecution
4-5 under Subsection (a)(13) of this section that the actor acted under
4-6 written regulations or written authorization of the school.
4-7 (d) An offense under this section is a Class C misdemeanor
4-8 unless committed under Subsection (a)(9) or (a)(10) of this
4-9 section, in which event it is a Class B misdemeanor, or under
4-10 Subsection (a)(13) or (a)(14) of this section, in which event it is
4-11 a felony of the third degree; and further provide that a person who
4-12 violates Subsection (a)(11) is guilty of a misdemeanor and on a
4-13 first conviction is punishable by a fine of not less than $25 nor
4-14 more than $200, on a second conviction is punishable by a fine of
4-15 not less than $200 nor more than $500, and on a third or subsequent
4-16 conviction is punishable by a fine of $500.
4-17 SECTION 4. Sections 8.07(a) and (b), Penal Code, are amended
4-18 to read as follows:
4-19 (a) A person may not be prosecuted for or convicted of any
4-20 offense that he committed when younger than 15 years of age except:
4-21 (1) perjury and aggravated perjury when it appears by
4-22 proof that he had sufficient discretion to understand the nature
4-23 and obligation of an oath;
4-24 (2) a violation of a penal statute cognizable under
4-25 Chapter 302, Acts of the 55th Legislature, Regular Session, 1957,
4-26 as amended (Article 6701l-4, Vernon's Texas Civil Statutes), except
4-27 conduct which violates the laws of this state prohibiting driving
5-1 while intoxicated or under the influence of intoxicating liquor
5-2 (first or subsequent offense) or driving while under the influence
5-3 of any narcotic drug or of any other drug to a degree which renders
5-4 him incapable of safely driving a vehicle (first or subsequent
5-5 offense);
5-6 (3) a violation of a motor vehicle traffic ordinance
5-7 of an incorporated city or town in this state;
5-8 (4) a misdemeanor punishable by fine only other than
5-9 public intoxication; <or>
5-10 (5) a violation of a penal ordinance of a political
5-11 subdivision; or
5-12 (6) an offense under Section 42.01(a)(13),
5-13 42.01(a)(14), 46.04(a)(1), or 46.04(a)(5) of this code, if the
5-14 person was at least 13 years of age when the person committed the
5-15 offense.
5-16 (b) Unless the juvenile court waives jurisdiction and
5-17 certifies the individual for criminal prosecution, a person may not
5-18 be prosecuted for or convicted of any offense committed before
5-19 reaching 17 years of age except:
5-20 (1) perjury and aggravated perjury when it appears by
5-21 proof that he had sufficient discretion to understand the nature
5-22 and obligation of an oath;
5-23 (2) a violation of a penal statute cognizable under
5-24 Chapter 302, Acts of the 55th Legislature, Regular Session, 1957,
5-25 as amended (Article 6701l-4, Vernon's Texas Civil Statutes), except
5-26 conduct which violates the laws of this state prohibiting driving
5-27 while intoxicated or under the influence of intoxicating liquor
6-1 (first or subsequent offense) or driving while under the influence
6-2 of any narcotic drug or of any other drug to a degree which renders
6-3 him incapable of safely driving a vehicle (first or subsequent
6-4 offense);
6-5 (3) a violation of a motor vehicle traffic ordinance
6-6 of an incorporated city or town in this state;
6-7 (4) a misdemeanor punishable by fine only other than
6-8 public intoxication; <or>
6-9 (5) a violation of a penal ordinance of a political
6-10 subdivision; or
6-11 (6) an offense under Section 42.01(a)(13),
6-12 42.01(a)(14), 46.04(a)(1), or 46.04(a)(5) of this code, if the
6-13 person was at least 13 years of age when the person committed the
6-14 offense.
6-15 SECTION 5. Sections 54.02(a) and (j), Family Code, are
6-16 amended to read as follows:
6-17 (a) The juvenile court may waive its exclusive original
6-18 jurisdiction and transfer a child to the appropriate district court
6-19 or criminal district court for criminal proceedings if:
6-20 (1) the child is alleged to have violated a penal law
6-21 of the grade of felony;
6-22 (2) the child was:
6-23 (A) 15 years of age or older at the time he is
6-24 alleged to have committed the offense and the offense is not listed
6-25 in Paragraph (B) of this subdivision; or
6-26 (B) 13 years of age or older at the time the
6-27 child is alleged to have committed the offense, if the child is
7-1 alleged to have committed an offense under Section 42.01(a)(13),
7-2 42.01(a)(14), 46.04(a)(1), or 46.04(a)(5), Penal Code;
7-3 (3) <and> no adjudication hearing has been conducted
7-4 concerning the <that> offense; and
7-5 (4) <(3)> after full investigation and hearing the
7-6 juvenile court determines that there is probable cause to believe
7-7 that the child before the court committed the offense alleged and
7-8 that because of the seriousness of the offense or the background of
7-9 the child the welfare of the community requires criminal
7-10 proceedings.
7-11 (j) The juvenile court may waive its exclusive original
7-12 jurisdiction and transfer a person to the appropriate district
7-13 court or criminal district court for criminal proceedings if:
7-14 (1) the person is 18 years of age or older;
7-15 (2) the person was:
7-16 (A) 15 years of age or older and under 17 years
7-17 of age at the time he is alleged to have committed a felony other
7-18 than a felony listed in Paragraph (B) of this subdivision; or
7-19 (B) 13 years of age or older and under 17 years
7-20 of age at the time the person is alleged to have committed an
7-21 offense under Section 42.01(a)(13), 42.01(a)(14), 46.04(a)(1), or
7-22 46.04(a)(5), Penal Code;
7-23 (3) no adjudication concerning the alleged offense has
7-24 been made or no adjudication hearing concerning the offense has
7-25 been conducted;
7-26 (4) the juvenile court finds from a preponderance of
7-27 the evidence that after due diligence of the state it was not
8-1 practicable to proceed in juvenile court before the 18th birthday
8-2 of the person because:
8-3 (A) the state did not have probable cause to
8-4 proceed in juvenile court and new evidence has been found since the
8-5 18th birthday of the person; or
8-6 (B) the person could not be found; and
8-7 (5) the juvenile court determines that there is
8-8 probable cause to believe that the child before the court committed
8-9 the offense alleged.
8-10 SECTION 6. Subtitle C, Title 11, Local Government Code, is
8-11 amended by adding Chapter 363 to read as follows:
8-12 CHAPTER 363. MUNICIPAL AND COUNTY AUTHORITY RELATING TO
8-13 WEAPON-FREE SCHOOL ZONES
8-14 Sec. 363.001. DEFINITION. In this chapter, "school zone"
8-15 has the meaning assigned by Section 46.01, Penal Code.
8-16 Sec. 363.002. SIGNS INDICATING BOUNDARIES OF WEAPON-FREE
8-17 SCHOOL ZONES. A municipality or county may, by resolution or
8-18 order, cause signs to be posted indicating the boundaries of a
8-19 school zone and the prohibition of the possession or discharge of a
8-20 weapon on the premises of a school or within the school zone under
8-21 Section 42.01 or 46.04, Penal Code.
8-22 SECTION 7. (a) The change in law made by this Act applies
8-23 only to an offense committed on or after the effective date of this
8-24 Act. For purposes of this section, an offense is committed before
8-25 the effective date of this Act if any element of the offense occurs
8-26 before the effective date.
8-27 (b) An offense committed before the effective date of this
9-1 Act is covered by the law in effect when the offense was committed,
9-2 and the former law is continued in effect for this purpose.
9-3 SECTION 8. This Act takes effect September 1, 1993.
9-4 SECTION 9. The importance of this legislation and the
9-5 crowded condition of the calendars in both houses create an
9-6 emergency and an imperative public necessity that the
9-7 constitutional rule requiring bills to be read on three several
9-8 days in each house be suspended, and this rule is hereby suspended.