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
3-35 -------------------------------------------------------------------
3-36 Name: Chris Elliot x
3-37 Representing: Tx Crim Defense Lawyer Assn
3-38 City: Austin
3-39 -------------------------------------------------------------------
3-40 Name: Shannon Noble x
3-41 Representing: Tx Network of Youth Services
3-42 City: Austin
3-43 -------------------------------------------------------------------
3-44 Name: G.K. Sprinkle x
3-45 Representing: Tx Counseling Assn
3-46 City: Austin
3-47 -------------------------------------------------------------------
3-48 Name: Larry Castro x
3-49 Representing: City of Dallas
3-50 City: Dallas
3-51 -------------------------------------------------------------------
3-52 Name: Michael Sanchez x
3-53 Representing: Tx Assn of School Admin
3-54 City: Austin
3-55 -------------------------------------------------------------------
3-56 Name: Jimmy Spivey x
3-57 Representing: Dallas Police Dept
3-58 City: Dallas
3-59 -------------------------------------------------------------------
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
3-69 -------------------------------------------------------------------
3-70 Name: Bruce Todd x
4-1 Representing: City of Austin
4-2 City: Austin
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