S.B. No. 16
AN ACT
1-1 relating to certain offenses committed on school premises or in
1-2 drug-free zones; providing penalties.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subchapter D, Chapter 481, Health and Safety
1-5 Code, is amended by adding Section 481.134 to read as follows:
1-6 Sec. 481.134. DRUG-FREE ZONES. (a) In this section:
1-7 (1) "Institution of higher education" means any public
1-8 or private technical institute, junior college, senior college or
1-9 university, medical or dental unit, or other agency of higher
1-10 education as defined by Section 61.003, Education Code.
1-11 (2) "Playground" means any outdoor facility that is
1-12 not on the premises of a school and that:
1-13 (A) is intended for recreation;
1-14 (B) is open to the public; and
1-15 (C) contains three or more separate apparatus
1-16 intended for the recreation of children, such as slides, swing
1-17 sets, and teeterboards.
1-18 (3) "Premises" means real property and all buildings
1-19 and appurtenances pertaining to the real property.
1-20 (4) "School" means a private or public elementary or
1-21 secondary school.
1-22 (5) "Video arcade facility" means any facility that:
1-23 (A) is open to the public, including persons who
1-24 are 17 years of age or younger;
2-1 (B) is intended primarily for the use of pinball
2-2 or video machines; and
2-3 (C) contains at least three pinball or video
2-4 machines.
2-5 (6) "Youth center" means any recreational facility or
2-6 gymnasium that:
2-7 (A) is intended primarily for use by persons who
2-8 are 17 years of age or younger; and
2-9 (B) regularly provides athletic, civic, or
2-10 cultural activities.
2-11 (b) The minimum term of confinement or imprisonment for an
2-12 offense and the maximum fine for an offense under Section 481.112,
2-13 481.113, 481.114, 481.119, or 481.120 are doubled if it is shown on
2-14 the trial of the offense that the offense was committed:
2-15 (1) in, on, or within 1,000 feet of premises owned,
2-16 rented, or leased by a school or an institution of higher learning
2-17 or a playground; or
2-18 (2) in, on, or within 300 feet of the premises of a
2-19 public or private youth center, public swimming pool, or video
2-20 arcade facility.
2-21 SECTION 2. Subsections (b) and (c), Section 8, Article
2-22 42.18, Code of Criminal Procedure, are amended to read as follows:
2-23 (b)(1) A prisoner under sentence of death is not eligible
2-24 for parole.
2-25 (2) If a prisoner is serving a life sentence for a
2-26 capital felony, the prisoner is not eligible for release on parole
2-27 until the actual calendar time the prisoner has served, without
3-1 consideration of good conduct time, equals 35 calendar years.
3-2 (3) If a prisoner, other than a prisoner described by
3-3 Subdivision (4) of this subsection, is serving a sentence for the
3-4 offenses listed in Subdivision (1)(B), (C), or (D) of Section
3-5 3g(a), Article 42.12 of this code, or if the judgment contains an
3-6 affirmative finding under Subdivision (2) of Subsection (a) of
3-7 Section 3g of that article, he is not eligible for release on
3-8 parole until his actual calendar time served, without consideration
3-9 of good conduct time, equals one-fourth of the maximum sentence or
3-10 15 calendar years, whichever is less, but in no event shall he be
3-11 eligible for release on parole in less than two calendar years.
3-12 (4) If a prisoner is serving a sentence for which the
3-13 punishment is increased under Section 481.134, Health and Safety
3-14 Code, the prisoner is not eligible for release on parole until the
3-15 prisoner's actual calendar time served, without consideration of
3-16 good conduct time, equals five years or the maximum term to which
3-17 the prisoner was sentenced, whichever is less.
3-18 (5) Except as provided by Subsection (m) of this
3-19 section, all other prisoners shall be eligible for release on
3-20 parole when their calendar time served plus good conduct time
3-21 equals one-fourth of the maximum sentence imposed or 15 years,
3-22 whichever is less.
3-23 (c) Except as otherwise provided by this subsection, a
3-24 prisoner who is not on parole shall be released to mandatory
3-25 supervision by order of a parole panel when the calendar time he
3-26 has served plus any accrued good conduct time equal the maximum
3-27 term to which he was sentenced. A prisoner released to mandatory
4-1 supervision shall, upon release, be deemed as if released on
4-2 parole. To the extent practicable, arrangements for the prisoner's
4-3 proper employment, maintenance, and care shall be made prior to his
4-4 release to mandatory supervision. The period of mandatory
4-5 supervision shall be for a period equivalent to the maximum term
4-6 for which the prisoner was sentenced less calendar time actually
4-7 served on the sentence. The time served on mandatory supervision
4-8 is calculated as calendar time. Every prisoner while on mandatory
4-9 supervision shall remain in the legal custody of the state and
4-10 shall be amenable to conditions of supervision ordered by the
4-11 parole panel. A prisoner may not be released to mandatory
4-12 supervision if the prisoner is serving a sentence for an offense
4-13 and the judgment for the offense contains an affirmative finding
4-14 under Subdivision (2), Subsection (a), Section 3g, Article 42.12,
4-15 of this code or if the prisoner is serving a sentence for:
4-16 (1) a first degree felony under Section 19.02, Penal
4-17 Code (Murder);
4-18 (2) a capital felony under Section 19.03, Penal Code
4-19 (Capital Murder);
4-20 (3) a first degree felony or a second degree felony
4-21 under Section 20.04, Penal Code (Aggravated Kidnapping);
4-22 (4) a second degree felony under Section 22.011, Penal
4-23 Code (Sexual Assault);
4-24 (5) a second degree or third degree felony under
4-25 Section 22.02, Penal Code (Aggravated Assault);
4-26 (6) a first degree felony under Section 22.021, Penal
4-27 Code (Aggravated Sexual Assault);
5-1 (7) a first degree felony under Section 22.03, Penal
5-2 Code (Deadly Assault on Law Enforcement or Corrections Officer or
5-3 Court Participant);
5-4 (8) a first degree felony under Section 22.04, Penal
5-5 Code (Injury to a Child or an Elderly Individual);
5-6 (9) a first degree felony under Section 28.02, Penal
5-7 Code (Arson);
5-8 (10) a second degree felony under Section 29.02, Penal
5-9 Code (Robbery);
5-10 (11) a first degree felony under Section 29.03, Penal
5-11 Code (Aggravated Robbery); <or>
5-12 (12) a first degree felony under Section 30.02, Penal
5-13 Code (Burglary), if the offense is punished under Subsection (d)(2)
5-14 or (d)(3) of that section; or
5-15 (13) a felony for which the punishment is increased
5-16 under Section 481.134, Health and Safety Code (Drug-Free Zones).
5-17 SECTION 3. Subchapter D, Chapter 481, Health and Safety
5-18 Code, is amended by adding Section 481.135 to read as follows:
5-19 Sec. 481.135. MAPS AS EVIDENCE OF LOCATION OR AREA. (a) In
5-20 a prosecution under Section 481.134, a map produced or reproduced
5-21 by a municipal or county engineer for the purpose of showing the
5-22 location and boundaries of drug-free zones is admissible in
5-23 evidence and is prima facie evidence of the location or boundaries
5-24 of those areas if the governing body of the municipality or county
5-25 adopts a resolution or ordinance approving the map as an official
5-26 finding and record of the location or boundaries of those areas.
5-27 (b) A municipal or county engineer may, on request of the
6-1 governing body of the municipality or county, revise a map that has
6-2 been approved by the governing body of the municipality or county
6-3 as provided by Subsection (a).
6-4 (c) A municipal or county engineer shall file the original
6-5 or a copy of every approved or revised map approved as provided by
6-6 Subsection (a) with the county clerk of each county in which the
6-7 area is located.
6-8 (d) This section does not prevent the prosecution from:
6-9 (1) introducing or relying on any other evidence or
6-10 testimony to establish any element of an offense for which
6-11 punishment is increased under Section 481.134; or
6-12 (2) using or introducing any other map or diagram
6-13 otherwise admissible under the Texas Rules of Criminal Evidence.
6-14 SECTION 4. Chapter 46, Penal Code, is amended by adding
6-15 Section 46.13 to read as follows:
6-16 Sec. 46.13. PENALTY IF OFFENSE COMMITTED WITHIN WEAPON-FREE
6-17 ZONE. (a) Except as provided by Subsection (b), the punishment
6-18 prescribed for an offense under this chapter is increased to the
6-19 punishment prescribed for the next highest category of offense if
6-20 it is shown on trial of the offense that the offense was committed
6-21 on the premises of a primary or secondary school subject to or
6-22 eligible for accreditation by the Central Education Agency.
6-23 (b) This section does not apply to an offense under Section
6-24 46.04 (a)(1) of this code.
6-25 SECTION 5. (a) The change in law made by this Act applies
6-26 only to an offense committed on or after the effective date of this
6-27 Act. For purposes of this section, an offense is committed before
7-1 the effective date of this Act if any element of the offense occurs
7-2 before the effective date.
7-3 (b) An offense committed before the effective date of this
7-4 Act is covered by the law in effect when the offense was committed,
7-5 and the former law is continued in effect for this purpose.
7-6 SECTION 6. This Act takes effect September 1, 1993.
7-7 SECTION 7. The importance of this legislation and the
7-8 crowded condition of the calendars in both houses create an
7-9 emergency and an imperative public necessity that the
7-10 constitutional rule requiring bills to be read on three several
7-11 days in each house be suspended, and this rule is hereby suspended.