By: Jones, Jesse H.B. No. 967
73R3425 NSC-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to drug-free zones and weapon-free zones and to the
1-3 imposition of penalties for certain offenses involving controlled
1-4 substances in drug-free zones and weapons in weapon-free zones.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Subchapter D, Chapter 481, Health and Safety
1-7 Code, is amended by adding Section 481.134 to read as follows:
1-8 Sec. 481.134. DRUG-FREE ZONES. (a) In this section:
1-9 (1) "Institution of higher education" means any public
1-10 or private technical institute, junior college, senior college or
1-11 university, medical or dental unit, or other agency of higher
1-12 education as defined by Section 61.003, Education Code.
1-13 (2) "Playground" means any outdoor facility that is
1-14 not on the premises of a school and that:
1-15 (A) is intended for recreation;
1-16 (B) is open to the public; and
1-17 (C) contains three or more separate apparatus
1-18 intended for the recreation of children, such as slides, swing
1-19 sets, and teeterboards.
1-20 (3) "Premises" means real property and all buildings
1-21 and appurtenances pertaining to the real property.
1-22 (4) "School" means a private or public elementary or
1-23 secondary school.
1-24 (5) "Video arcade facility" means any facility that:
2-1 (A) is open to the public, including persons who
2-2 are 17 years of age or younger;
2-3 (B) is intended primarily for the use of pinball
2-4 or video machines; and
2-5 (C) contains at least three pinball or video
2-6 machines.
2-7 (6) "Youth center" means any recreational facility or
2-8 gymnasium that:
2-9 (A) is intended primarily for use by persons who
2-10 are 17 years of age or younger; and
2-11 (B) regularly provides athletic, civic, or
2-12 cultural activities.
2-13 (b) The minimum term of confinement or imprisonment for an
2-14 offense, and the maximum fine for an offense, under Section
2-15 481.112, 481.113, 481.114, 481.119, or 481.120 are doubled if it is
2-16 shown on the trial of the offense that the offense was committed:
2-17 (1) in, on, or within 1,000 feet of the premises of a
2-18 school or an institution of higher education;
2-19 (2) in, on, or within 1,000 feet of premises that are
2-20 temporarily rented or leased by a school for school-related
2-21 activities; or
2-22 (3) in, on, or within 300 feet of the premises of a
2-23 playground, public or private youth center, public swimming pool,
2-24 or video arcade facility.
2-25 SECTION 2. Chapter 46, Penal Code, is amended by adding
2-26 Section 46.13 to read as follows:
2-27 Sec. 46.13. WEAPON-FREE ZONES. (a) In this section:
3-1 (1) "Institution of higher education" means any public
3-2 or private technical institute, junior college, senior college or
3-3 university, medical or dental unit, or other agency of higher
3-4 education as defined by Section 61.003, Education Code.
3-5 (2) "Playground" means any outdoor facility that is
3-6 not on the premises of a school and that:
3-7 (A) is intended for recreation;
3-8 (B) is open to the public; and
3-9 (C) contains three or more separate apparatus
3-10 intended for the recreation of children, such as slides, swing
3-11 sets, and teeterboards.
3-12 (3) "Premises" means real property and all buildings
3-13 and appurtenances pertaining to the real property.
3-14 (4) "School" means a private or public elementary or
3-15 secondary school.
3-16 (5) "Video arcade facility" means any facility that:
3-17 (A) is open to the public, including persons who
3-18 are 17 years of age or younger;
3-19 (B) is intended primarily for the use of pinball
3-20 or video machines; and
3-21 (C) contains at least three pinball or video
3-22 machines.
3-23 (6) "Youth center" means any recreational facility or
3-24 gymnasium that:
3-25 (A) is intended primarily for use by persons who
3-26 are 17 years of age or younger; and
3-27 (B) regularly provides athletic, civic, or
4-1 cultural activities.
4-2 (b) Except as provided by Subsection (c) of this section,
4-3 the minimum term of confinement or imprisonment and the maximum
4-4 fine prescribed for an offense under this chapter are doubled if it
4-5 is shown on the trial of the offense that the offense was
4-6 committed:
4-7 (1) in, on, or within 1,000 feet of the premises of a
4-8 school or an institution of higher education;
4-9 (2) in, on, or within 1,000 feet of premises that are
4-10 temporarily rented or leased by a school for school-related
4-11 activities; or
4-12 (3) in, on, or within 300 feet of the premises of a
4-13 playground, public or private youth center, public swimming pool,
4-14 or video arcade facility.
4-15 (c) This section does not apply to an offense under Section
4-16 46.04(a)(1) of this code.
4-17 SECTION 3. Sections 8(b) and (c), Article 42.18, Code of
4-18 Criminal Procedure, are amended to read as follows:
4-19 (b)(1) A prisoner under sentence of death is not eligible
4-20 for parole.
4-21 (2) If a prisoner is serving a life sentence for a
4-22 capital felony, the prisoner is not eligible for release on parole
4-23 until the actual calendar time the prisoner has served, without
4-24 consideration of good conduct time, equals 35 calendar years.
4-25 (3) If a prisoner, other than a prisoner described by
4-26 Subdivision (4) of this subsection, is serving a sentence for the
4-27 offenses listed in Subdivision (1)(B), (C), or (D) of Section
5-1 3g(a), Article 42.12 of this code, or if the judgment contains an
5-2 affirmative finding under Subdivision (2) of Subsection (a) of
5-3 Section 3g of that article, he is not eligible for release on
5-4 parole until his actual calendar time served, without consideration
5-5 of good conduct time, equals one-fourth of the maximum sentence or
5-6 15 calendar years, whichever is less, but in no event shall he be
5-7 eligible for release on parole in less than two calendar years.
5-8 (4) If a prisoner is serving a sentence for which the
5-9 punishment is increased under Section 481.134, Health and Safety
5-10 Code, or under Section 46.13, Penal Code, the prisoner is not
5-11 eligible for release on parole until the prisoner's actual calendar
5-12 time served, without consideration of good conduct time, equals
5-13 five years or the maximum term to which the prisoner was sentenced,
5-14 whichever is less.
5-15 (5) Except as provided by Subsection (m) of this
5-16 section, all other prisoners shall be eligible for release on
5-17 parole when their calendar time served plus good conduct time
5-18 equals one-fourth of the maximum sentence imposed or 15 years,
5-19 whichever is less.
5-20 (c) Except as otherwise provided by this subsection, a
5-21 prisoner who is not on parole shall be released to mandatory
5-22 supervision by order of a parole panel when the calendar time he
5-23 has served plus any accrued good conduct time equal the maximum
5-24 term to which he was sentenced. A prisoner released to mandatory
5-25 supervision shall, upon release, be deemed as if released on
5-26 parole. To the extent practicable, arrangements for the prisoner's
5-27 proper employment, maintenance, and care shall be made prior to his
6-1 release to mandatory supervision. The period of mandatory
6-2 supervision shall be for a period equivalent to the maximum term
6-3 for which the prisoner was sentenced less calendar time actually
6-4 served on the sentence. The time served on mandatory supervision
6-5 is calculated as calendar time. Every prisoner while on mandatory
6-6 supervision shall remain in the legal custody of the state and
6-7 shall be amenable to conditions of supervision ordered by the
6-8 parole panel. A prisoner may not be released to mandatory
6-9 supervision if the prisoner is serving a sentence for an offense
6-10 and the judgment for the offense contains an affirmative finding
6-11 under Subdivision (2), Subsection (a), Section 3g, Article 42.12,
6-12 of this code or if the prisoner is serving a sentence for:
6-13 (1) a first degree felony under Section 19.02, Penal
6-14 Code (Murder);
6-15 (2) a capital felony under Section 19.03, Penal Code
6-16 (Capital Murder);
6-17 (3) a first degree felony or a second degree felony
6-18 under Section 20.04, Penal Code (Aggravated Kidnapping);
6-19 (4) a second degree felony under Section 22.011, Penal
6-20 Code (Sexual Assault);
6-21 (5) a second degree or third degree felony under
6-22 Section 22.02, Penal Code (Aggravated Assault);
6-23 (6) a first degree felony under Section 22.021, Penal
6-24 Code (Aggravated Sexual Assault);
6-25 (7) a first degree felony under Section 22.03, Penal
6-26 Code (Deadly Assault on Law Enforcement or Corrections Officer or
6-27 Court Participant);
7-1 (8) a first degree felony under Section 22.04, Penal
7-2 Code (Injury to a Child or an Elderly Individual);
7-3 (9) a first degree felony under Section 28.02, Penal
7-4 Code (Arson);
7-5 (10) a second degree felony under Section 29.02, Penal
7-6 Code (Robbery);
7-7 (11) a first degree felony under Section 29.03, Penal
7-8 Code (Aggravated Robbery); <or>
7-9 (12) a first degree felony under Section 30.02, Penal
7-10 Code (Burglary), if the offense is punished under Subsection (d)(2)
7-11 or (d)(3) of that section; or
7-12 (13) a felony for which the punishment is increased
7-13 under Section 481.134, Health and Safety Code (Drug-Free Zones) or
7-14 under Section 46.13, Penal Code (Weapon-Free Zones).
7-15 SECTION 4. (a) The change in law made by this Act applies
7-16 only to an offense committed on or after the effective date of this
7-17 Act. For purposes of this section, an offense is committed before
7-18 the effective date of this Act if any element of the offense occurs
7-19 before the effective date.
7-20 (b) An offense committed before the effective date of this
7-21 Act is covered by the law in effect when the offense was committed,
7-22 and the former law is continued in effect for this purpose.
7-23 SECTION 5. This Act takes effect September 1, 1993.
7-24 SECTION 6. The importance of this legislation and the
7-25 crowded condition of the calendars in both houses create an
7-26 emergency and an imperative public necessity that the
7-27 constitutional rule requiring bills to be read on three several
8-1 days in each house be suspended, and this rule is hereby suspended.