By:  Dutton                                            H.B. No. 512
       73R2356 CAS-F
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to enhancement of the penalty for adults who commit
    1-3  certain drug offenses while in the presence of minors.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Subchapter D, Chapter 481, Health and Safety
    1-6  Code, is amended by adding Section 481.134 to read as follows:
    1-7        Sec. 481.134.  PENALTY IF CRIME COMMITTED WHILE IN PRESENCE
    1-8  OF MINOR.  (a)  For purposes of this section, a defendant is
    1-9  considered to be "in the presence" of another person if the other
   1-10  person is in an area where the other person might reasonably have
   1-11  been able to observe, overhear, or otherwise detect the defendant's
   1-12  commission of any element of an offense listed in Subsection (b).
   1-13        (b)  The punishment for an offense under Section 481.112,
   1-14  481.113, 481.114, 481.115, 481.116, 481.117, 481.118, 481.119,
   1-15  481.120, 481.121, 481.122, 481.123, or 481.125 is enhanced to the
   1-16  punishment for the next higher category of offense if it is shown
   1-17  on the trial of the offense that at the time the defendant
   1-18  committed the conduct:
   1-19              (1)  the defendant was 18 years of age or older; and
   1-20              (2)  the defendant was in the presence of a person
   1-21  younger than 18 years of age.
   1-22        (c)  This section does not apply to punishment for an offense
   1-23  under Section 481.120 or 481.122 if the defendant was younger than
   1-24  21 years of age at the time the offense was committed and delivered
    2-1  only marihuana in an amount less than one-fourth ounce for which
    2-2  the defendant did not receive remuneration.
    2-3        (d)  This section does not apply to punishment for an offense
    2-4  designated under this chapter as an aggravated offense, a
    2-5  first-degree felony, or a capital felony.
    2-6        (e)  This section applies to punishment for an offense
    2-7  regardless of whether the person in whose presence the defendant
    2-8  committed the offense:
    2-9              (1)  did not detect the commission of any element of an
   2-10  offense listed in Subsection (b); or
   2-11              (2)  may not have detected or comprehended, because of
   2-12  age, inexperience, or disability, that the defendant was committing
   2-13  any element of an offense listed in Subsection (b).
   2-14        (f)  This section applies whether or not the defendant knew
   2-15  or reasonably could have known that the defendant was in the
   2-16  presence of a person younger than 18 years of age when the
   2-17  defendant committed the offense.
   2-18        SECTION 2.  (a)  The change in law made by this Act applies
   2-19  only to the punishment for an offense committed on or after the
   2-20  effective date of this Act. For purposes of this section, an
   2-21  offense is committed before the effective date of this Act if any
   2-22  element of the offense occurs before the effective date.
   2-23        (b)  An offense committed before the effective date of this
   2-24  Act is covered by the law in effect when the offense was committed,
   2-25  and the former law is continued in effect for this purpose.
   2-26        SECTION 3.  This Act takes effect September 1, 1993.
   2-27        SECTION 4.  The importance of this legislation and the
    3-1  crowded condition of the calendars in both houses create an
    3-2  emergency   and   an   imperative   public   necessity   that   the
    3-3  constitutional rule requiring bills to be read on three several
    3-4  days in each house be suspended, and this rule is hereby suspended.