1-1  By:  Brown                                              S.B. No. 16
    1-2        (In the Senate - Filed November 9, 1992; January 13, 1993,
    1-3  read first time and referred to Committee on Criminal Justice;
    1-4  March 16, 1993, reported favorably by the following vote:  Yeas 7,
    1-5  Nays 0; March 16, 1993, sent to printer.)
    1-6                            COMMITTEE VOTE
    1-7                          Yea     Nay      PNV      Absent 
    1-8        Whitmire           x                               
    1-9        Brown              x                               
   1-10        Nelson             x                               
   1-11        Sibley             x                               
   1-12        Sims               x                               
   1-13        Turner             x                               
   1-14        West               x                               
   1-15                         A BILL TO BE ENTITLED
   1-16                                AN ACT
   1-17  relating to drug-free zones and to the imposition and enforcement
   1-18  of penalties for delivering, manufacturing, or possessing with the
   1-19  intent to deliver or manufacture a controlled substance in
   1-20  drug-free zones.
   1-21        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-22        SECTION 1.  Subchapter D, Chapter 481, Health and Safety
   1-23  Code, is amended by adding Section 481.134 to read as follows:
   1-24        Sec. 481.134.  DRUG-FREE ZONES.  (a)  In this section:
   1-25              (1)  "Institution of higher education" means any public
   1-26  or private technical institute, junior college, senior college or
   1-27  university, medical or dental unit, or other agency of higher
   1-28  education as defined by Section 61.003, Education Code.
   1-29              (2)  "Playground" means any outdoor facility that is
   1-30  not on the premises of a school and that:
   1-31                    (A)  is intended for recreation;
   1-32                    (B)  is open to the public; and
   1-33                    (C)  contains three or more separate apparatus
   1-34  intended for the recreation of children, such as slides, swing
   1-35  sets, and teeterboards.
   1-36              (3)  "Premises" means real property and all buildings
   1-37  and appurtenances pertaining to the real property.
   1-38              (4)  "School" means a private or public elementary or
   1-39  secondary school.
   1-40              (5)  "Video arcade facility" means any facility that:
   1-41                    (A)  is open to the public, including persons who
   1-42  are 17 years of age or younger;
   1-43                    (B)  is intended primarily for the use of pinball
   1-44  or video machines; and
   1-45                    (C)  contains at least three pinball or video
   1-46  machines.
   1-47              (6)  "Youth center" means any recreational facility or
   1-48  gymnasium that:
   1-49                    (A)  is intended primarily for use by persons who
   1-50  are 17 years of age or younger; and
   1-51                    (B)  regularly provides athletic, civic, or
   1-52  cultural activities.
   1-53        (b)  The minimum term of confinement or imprisonment for an
   1-54  offense, and the maximum fine for an offense, under Section
   1-55  481.112, 481.113, 481.114, 481.119, or 481.120 are doubled if it is
   1-56  shown on the trial of the offense that the offense was committed:
   1-57              (1)  in, on, or within 1,000 feet of the premises of a
   1-58  school or an institution of higher education; or
   1-59              (2)  in, on, or within 300 feet of the premises of a
   1-60  playground, public or private youth center, public swimming pool,
   1-61  or video arcade facility.
   1-62        SECTION 2.  Subsections (b) and (c), Section 8, Article
   1-63  42.18, Code of Criminal Procedure, are amended to read as follows:
   1-64        (b)(1)  A prisoner under sentence of death is not eligible
   1-65  for parole.
   1-66              (2)  If a prisoner is serving a life sentence for a
   1-67  capital felony, the prisoner is not eligible for release on parole
   1-68  until the actual calendar time the prisoner has served, without
    2-1  consideration of good conduct time, equals 35 calendar years.
    2-2              (3)  If a prisoner, other than a prisoner described by
    2-3  Subdivision (4) of this subsection, is serving a sentence for the
    2-4  offenses listed in Subdivision (1)(B), (C), or (D) of Section
    2-5  3g(a), Article 42.12 of this code, or if the judgment contains an
    2-6  affirmative finding under Subdivision (2) of Subsection (a) of
    2-7  Section 3g of that article, he is not eligible for release on
    2-8  parole until his actual calendar time served, without consideration
    2-9  of good conduct time, equals one-fourth of the maximum sentence or
   2-10  15 calendar years, whichever is less, but in no event shall he be
   2-11  eligible for release on parole in less than two calendar years.
   2-12              (4)  If a prisoner is serving a sentence for which the
   2-13  punishment is increased under Section 481.134, Health and Safety
   2-14  Code, the prisoner is not eligible for release on parole until the
   2-15  prisoner's actual calendar time served, without consideration of
   2-16  good conduct time, equals five years or the maximum term to which
   2-17  the prisoner was sentenced, whichever is less.
   2-18              (5)  Except as provided by Subsection (m) of this
   2-19  section, all other prisoners shall be eligible for release on
   2-20  parole when their calendar time served plus good conduct time
   2-21  equals one-fourth of the maximum sentence imposed or 15 years,
   2-22  whichever is less.
   2-23        (c)  Except as otherwise provided by this subsection, a
   2-24  prisoner who is not on parole shall be released to mandatory
   2-25  supervision by order of a parole panel when the calendar time he
   2-26  has served plus any accrued good conduct time equal the maximum
   2-27  term to which he was sentenced.  A prisoner released to mandatory
   2-28  supervision shall, upon release, be deemed as if released on
   2-29  parole.  To the extent practicable, arrangements for the prisoner's
   2-30  proper employment, maintenance, and care shall be made prior to his
   2-31  release to mandatory supervision.  The period of mandatory
   2-32  supervision shall be for a period equivalent to the maximum term
   2-33  for which the prisoner was sentenced less calendar time actually
   2-34  served on the sentence.  The time served on mandatory supervision
   2-35  is calculated as calendar time.  Every prisoner while on mandatory
   2-36  supervision shall remain in the legal custody of the state and
   2-37  shall be amenable to conditions of supervision ordered by the
   2-38  parole panel.  A prisoner may not be released to mandatory
   2-39  supervision if the prisoner is serving a sentence for an offense
   2-40  and the judgment for the offense contains an affirmative finding
   2-41  under Subdivision (2), Subsection (a), Section 3g, Article 42.12,
   2-42  of this code or if the prisoner is serving a sentence for:
   2-43              (1)  a first degree felony under Section 19.02, Penal
   2-44  Code (Murder);
   2-45              (2)  a capital felony under Section 19.03, Penal Code
   2-46  (Capital Murder);
   2-47              (3)  a first degree felony or a second degree felony
   2-48  under Section 20.04, Penal Code (Aggravated Kidnapping);
   2-49              (4)  a second degree felony under Section 22.011, Penal
   2-50  Code (Sexual Assault);
   2-51              (5)  a second degree or third degree felony under
   2-52  Section 22.02, Penal Code (Aggravated Assault);
   2-53              (6)  a first degree felony under Section 22.021, Penal
   2-54  Code (Aggravated Sexual Assault);
   2-55              (7)  a first degree felony under Section 22.03, Penal
   2-56  Code (Deadly Assault on Law Enforcement or Corrections Officer or
   2-57  Court Participant);
   2-58              (8)  a first degree felony under Section 22.04, Penal
   2-59  Code (Injury to a Child or an Elderly Individual);
   2-60              (9)  a first degree felony under Section 28.02, Penal
   2-61  Code (Arson);
   2-62              (10)  a second degree felony under Section 29.02, Penal
   2-63  Code (Robbery);
   2-64              (11)  a first degree felony under Section 29.03, Penal
   2-65  Code (Aggravated Robbery); <or>
   2-66              (12)  a first degree felony under Section 30.02, Penal
   2-67  Code (Burglary), if the offense is punished under Subsection (d)(2)
   2-68  or (d)(3) of that section; or
   2-69              (13)  a felony for which the punishment is increased
   2-70  under Section 481.134 (Drug-Free Zones), Health and Safety Code.
    3-1        SECTION 3.  (a)  The change in law made by this Act applies
    3-2  only to an offense committed on or after the effective date of this
    3-3  Act.  For purposes of this section, an offense is committed before
    3-4  the effective date of this Act if any element of the offense occurs
    3-5  before the effective date.
    3-6        (b)  An offense committed before the effective date of this
    3-7  Act is covered by the law in effect when the offense was committed,
    3-8  and the former law is continued in effect for this purpose.
    3-9        SECTION 4.  This Act takes effect September 1, 1993.
   3-10        SECTION 5.  The importance of this legislation and the
   3-11  crowded condition of the calendars in both houses create an
   3-12  emergency and an imperative public necessity that the
   3-13  constitutional rule requiring bills to be read on three several
   3-14  days in each house be suspended, and this rule is hereby suspended.
   3-15                               * * * * *
   3-16                                                         Austin,
   3-17  Texas
   3-18                                                         March 16, 1993
   3-19  Hon. Bob Bullock
   3-20  President of the Senate
   3-21  Sir:
   3-22  We, your Committee on Criminal Justice to which was referred S.B.
   3-23  No. 16, have had the same under consideration, and I am instructed
   3-24  to report it back to the Senate with the recommendation that it do
   3-25  pass and be printed.
   3-26                                                         Whitmire,
   3-27  Chairman
   3-28                               * * * * *
   3-29                               WITNESSES
   3-30                                                  FOR   AGAINST  ON
   3-31  ___________________________________________________________________
   3-32  Name:  Harold Gaither                            x
   3-33  Representing:  MUSCLE
   3-34  City:  Dallas
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   3-36  Name:  Chris Elliot                                            x
   3-37  Representing:  Tx Crim Defense Lawyer Assn
   3-38  City:  Austin
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   3-40  Name:  Shannon Noble                             x
   3-41  Representing:  Tx Network of Youth Services
   3-42  City:  Austin
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   3-44  Name:  G.K. Sprinkle                             x
   3-45  Representing:  Tx Counseling Assn
   3-46  City:  Austin
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   3-48  Name:  Larry Castro                              x
   3-49  Representing:  City of Dallas
   3-50  City:  Dallas
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   3-52  Name:  Michael Sanchez                           x
   3-53  Representing:  Tx Assn of School Admin
   3-54  City:  Austin
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   3-56  Name:  Jimmy Spivey                              x
   3-57  Representing:  Dallas Police Dept
   3-58  City:  Dallas
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   3-60  Name:  J. B. Pennington                          x
   3-61  Representing:  City of Houston
   3-62  City:  Houston
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   3-64                                                  FOR   AGAINST  ON
   3-65  ___________________________________________________________________
   3-66  Name:  Knox Fitzpatrick                          x
   3-67  Representing:  Dallas County Dist Atty
   3-68  City:  Dallas
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   3-70  Name:  Bruce Todd                                x
    4-1  Representing:  City of Austin
    4-2  City:  Austin
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