By: Brown S.B. No. 16
73R1144 NSC-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to drug-free zones and to the imposition of penalties for
1-3 delivering, manufacturing, or possessing with the intent to deliver
1-4 or manufacture a controlled substance in drug-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; or
2-19 (2) in, on, or within 300 feet of the premises of a
2-20 playground, public or private youth center, public swimming pool,
2-21 or video arcade facility.
2-22 SECTION 2. Sections 8(b) and (c), Article 42.18, Code of
2-23 Criminal Procedure, are amended to read as follows:
2-24 (b)(1) A prisoner under sentence of death is not eligible
2-25 for parole.
2-26 (2) If a prisoner is serving a life sentence for a
2-27 capital felony, the prisoner is not eligible for release on parole
3-1 until the actual calendar time the prisoner has served, without
3-2 consideration of good conduct time, equals 35 calendar years.
3-3 (3) If a prisoner, other than a prisoner described by
3-4 Subdivision (4) of this subsection, is serving a sentence for the
3-5 offenses listed in Subdivision (1)(B), (C), or (D) of Section
3-6 3g(a), Article 42.12 of this code, or if the judgment contains an
3-7 affirmative finding under Subdivision (2) of Subsection (a) of
3-8 Section 3g of that article, he is not eligible for release on
3-9 parole until his actual calendar time served, without consideration
3-10 of good conduct time, equals one-fourth of the maximum sentence or
3-11 15 calendar years, whichever is less, but in no event shall he be
3-12 eligible for release on parole in less than two calendar years.
3-13 (4) If a prisoner is serving a sentence for which the
3-14 punishment is increased under Section 481.134, Health and Safety
3-15 Code, the prisoner is not eligible for release on parole until the
3-16 prisoner's actual calendar time served, without consideration of
3-17 good conduct time, equals five years or the maximum term to which
3-18 the prisoner was sentenced, whichever is less.
3-19 (5) Except as provided by Subsection (m) of this
3-20 section, all other prisoners shall be eligible for release on
3-21 parole when their calendar time served plus good conduct time
3-22 equals one-fourth of the maximum sentence imposed or 15 years,
3-23 whichever is less.
3-24 (c) Except as otherwise provided by this subsection, a
3-25 prisoner who is not on parole shall be released to mandatory
3-26 supervision by order of a parole panel when the calendar time he
3-27 has served plus any accrued good conduct time equal the maximum
4-1 term to which he was sentenced. A prisoner released to mandatory
4-2 supervision shall, upon release, be deemed as if released on
4-3 parole. To the extent practicable, arrangements for the prisoner's
4-4 proper employment, maintenance, and care shall be made prior to his
4-5 release to mandatory supervision. The period of mandatory
4-6 supervision shall be for a period equivalent to the maximum term
4-7 for which the prisoner was sentenced less calendar time actually
4-8 served on the sentence. The time served on mandatory supervision
4-9 is calculated as calendar time. Every prisoner while on mandatory
4-10 supervision shall remain in the legal custody of the state and
4-11 shall be amenable to conditions of supervision ordered by the
4-12 parole panel. A prisoner may not be released to mandatory
4-13 supervision if the prisoner is serving a sentence for an offense
4-14 and the judgment for the offense contains an affirmative finding
4-15 under Subdivision (2), Subsection (a), Section 3g, Article 42.12,
4-16 of this code or if the prisoner is serving a sentence for:
4-17 (1) a first degree felony under Section 19.02, Penal
4-18 Code (Murder);
4-19 (2) a capital felony under Section 19.03, Penal Code
4-20 (Capital Murder);
4-21 (3) a first degree felony or a second degree felony
4-22 under Section 20.04, Penal Code (Aggravated Kidnapping);
4-23 (4) a second degree felony under Section 22.011, Penal
4-24 Code (Sexual Assault);
4-25 (5) a second degree or third degree felony under
4-26 Section 22.02, Penal Code (Aggravated Assault);
4-27 (6) a first degree felony under Section 22.021, Penal
5-1 Code (Aggravated Sexual Assault);
5-2 (7) a first degree felony under Section 22.03, Penal
5-3 Code (Deadly Assault on Law Enforcement or Corrections Officer or
5-4 Court Participant);
5-5 (8) a first degree felony under Section 22.04, Penal
5-6 Code (Injury to a Child or an Elderly Individual);
5-7 (9) a first degree felony under Section 28.02, Penal
5-8 Code (Arson);
5-9 (10) a second degree felony under Section 29.02, Penal
5-10 Code (Robbery);
5-11 (11) a first degree felony under Section 29.03, Penal
5-12 Code (Aggravated Robbery); <or>
5-13 (12) a first degree felony under Section 30.02, Penal
5-14 Code (Burglary), if the offense is punished under Subsection (d)(2)
5-15 or (d)(3) of that section; or
5-16 (13) a felony for which the punishment is increased
5-17 under Section 481.134 (Drug-Free Zones), Health and Safety Code.
5-18 SECTION 3. (a) The change in law made by this Act applies
5-19 only to an offense committed on or after the effective date of this
5-20 Act. For purposes of this section, an offense is committed before
5-21 the effective date of this Act if any element of the offense occurs
5-22 before the effective date.
5-23 (b) An offense committed before the effective date of this
5-24 Act is covered by the law in effect when the offense was committed,
5-25 and the former law is continued in effect for this purpose.
5-26 SECTION 4. This Act takes effect September 1, 1993.
5-27 SECTION 5. The importance of this legislation and the
6-1 crowded condition of the calendars in both houses create an
6-2 emergency and an imperative public necessity that the
6-3 constitutional rule requiring bills to be read on three several
6-4 days in each house be suspended, and this rule is hereby suspended.