By: Whitmire S.B. No. 60
72S40142 NSC-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to drug-free and weapon-free school zones and to the
1-3 imposition of penalties for the delivery, manufacture, or
1-4 possession with the intent to deliver or manufacture a controlled
1-5 substance in drug-free school zones or on school buses and
1-6 penalties for certain offenses involving weapons committed in
1-7 weapon-free school zones.
1-8 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-9 SECTION 1. Subchapter D, Chapter 481, Health and Safety
1-10 Code, is amended by adding Section 481.134 to read as follows:
1-11 Sec. 481.134. DRUG-FREE SCHOOL ZONES. (a) In this section:
1-12 (1) "Minor" means a person who is 17 years of age or
1-13 younger.
1-14 (2) "School" means a private or public elementary or
1-15 secondary school.
1-16 (b) A person commits an offense if the person violates
1-17 Section 481.112, 481.113, 481.114, 481.119, or 481.120 and is at
1-18 the time the violation occurs:
1-19 (1) in, on, or within 1,000 feet of any real property
1-20 that is owned by or leased to a school or school board; or
1-21 (2) on a school bus that has a minor aboard.
1-22 (c) An offense under this section is punishable by:
1-23 (1) confinement in the institutional division of the
1-24 Texas Department of Criminal Justice for life or for a term of not
2-1 more than 99 years or less than 10 years; and
2-2 (2) a fine not to exceed $100,000.
2-3 (d) If it is shown on the trial of an offense under this
2-4 section that the defendant has been previously convicted of an
2-5 offense under this section, the defendant is not eligible for
2-6 probation or deferred adjudication under Article 42.12, Code of
2-7 Criminal Procedure.
2-8 (e) Punishment for a conviction under this section may not
2-9 run concurrently with punishment for a conviction under any other
2-10 criminal statute.
2-11 (f) It is an affirmative defense to prosecution under this
2-12 section that:
2-13 (1) the offense was committed inside a private
2-14 residence; and
2-15 (2) no minor was present in the private residence at
2-16 the time the offense was committed.
2-17 SECTION 2. Subchapter D, Chapter 481, Health and Safety
2-18 Code, is amended by adding Section 481.135 to read as follows:
2-19 Sec. 481.135. MAPS AS EVIDENCE OF LOCATION OR AREA. (a) In
2-20 a prosecution under Section 481.134, a map produced or reproduced
2-21 by a municipal or county engineer for the purpose of showing the
2-22 location and boundaries of drug-free school zones is admissible in
2-23 evidence and is prima facie evidence of the location or boundaries
2-24 of those areas if the governing body of the municipality or county
2-25 adopts a resolution or ordinance approving the map as an official
2-26 finding and record of the location or boundaries of those areas.
2-27 (b) A municipal or county engineer may, on request of the
3-1 governing body of the municipality or county, revise a map that has
3-2 been approved by the governing body of the municipality or county
3-3 as provided by Subsection (a).
3-4 (c) A municipal or county engineer shall file the original
3-5 or a copy of every approved or revised map approved as provided by
3-6 Subsection (a) with the county clerk of each county in which the
3-7 area is located.
3-8 (d) This section does not prevent the prosecution from:
3-9 (1) introducing or relying on any other evidence or
3-10 testimony to establish any element of an offense listed in Section
3-11 481.134; or
3-12 (2) using or introducing any other map or diagram
3-13 otherwise admissible under the Texas Rules of Criminal Evidence.
3-14 SECTION 3. Section 3g(a), Article 42.12, Code of Criminal
3-15 Procedure, is amended to read as follows:
3-16 (a) The provisions of Section 3 of this article do not
3-17 apply:
3-18 (1) to a defendant adjudged guilty of an offense
3-19 defined by the following sections of the Penal Code:
3-20 (A) Section 19.03 (Capital murder);
3-21 (B) Section 20.04 (Aggravated kidnapping);
3-22 (C) Section 22.021 (Aggravated sexual assault);
3-23 (D) Section 29.03 (Aggravated robbery); <or>
3-24 (2) to a defendant adjudged guilty of an offense under
3-25 Section 481.134, Health and Safety Code, if it is shown that the
3-26 defendant has been previously convicted of an offense under that
3-27 section; or
4-1 (3) to a defendant when it is shown that a deadly
4-2 weapon as defined in Section 1.07(a)(11), Penal Code, was used or
4-3 exhibited during the commission of a felony offense or during
4-4 immediate flight therefrom, and that the defendant used or
4-5 exhibited the deadly weapon or was a party to the offense and knew
4-6 that a deadly weapon would be used or exhibited. On an affirmative
4-7 finding under this subdivision, the trial court shall enter the
4-8 finding in the judgment of the court. On an affirmative finding
4-9 that the deadly weapon was a firearm, the court shall enter that
4-10 finding in its judgment.
4-11 SECTION 4. Section 4(a), Article 42.12, Code of Criminal
4-12 Procedure, is amended to read as follows:
4-13 (a) When there is a felony conviction in any court of this
4-14 State and the punishment assessed by the jury shall not exceed ten
4-15 years, the jury may recommend probation for a period of any term of
4-16 years authorized for the offense for which the defendant was
4-17 convicted, but in no event for more than ten years, upon written
4-18 sworn motion made therefor by the defendant, filed before the trial
4-19 begins. When the jury recommends probation, it may also assess a
4-20 fine applicable to the offense for which the defendant was
4-21 convicted. When the trial is to a jury, and the defendant has no
4-22 counsel, the court shall inform the defendant of his right to make
4-23 such motion, and the court shall appoint counsel to prepare and
4-24 present same, if desired by the defendant. In no case shall
4-25 probation be recommended by the jury except when the sworn motion
4-26 and proof shall show, and the jury shall find in their verdict that
4-27 the defendant has never before been convicted of a felony in this
5-1 or any other State. This law is not to be construed as preventing
5-2 the jury from passing on the guilt of the defendant, but he may
5-3 enter a plea of not guilty. In all eligible cases, probation shall
5-4 be granted by the court, if the jury recommends it in their
5-5 verdict, for the period recommended by the jury. This section does
5-6 not apply to a defendant adjudged guilty of an offense under
5-7 Section 481.122, Texas Controlled Substances Act (Chapter 481,
5-8 Health and Safety Code), if it is shown on the trial of the offense
5-9 that the defendant was 21 years of age or older at the time the
5-10 offense was committed by his own conduct or to a defendant adjudged
5-11 guilty of an offense under Section 481.134, Health and Safety Code,
5-12 if it is shown that the defendant has been previously convicted of
5-13 an offense under that section.
5-14 SECTION 5. Section 5(d), Article 42.12, Code of Criminal
5-15 Procedure, is amended to read as follows:
5-16 (d) This section does not apply to a defendant charged with
5-17 an offense under Subdivision (2), Subsection (a), Section 19.05,
5-18 Penal Code, an offense under Sections 481.107(b) through (e),
5-19 481.122, or 481.126, Health and Safety Code, an offense under
5-20 Article 6701l-1, Revised Statutes, an offense under Section 34,
5-21 Chapter 173, Acts of the 47th Legislature, Regular Session, 1941
5-22 (Article 6687b, Vernon's Texas Civil Statutes), an offense under
5-23 Section 32(c), Texas Motor Vehicle Safety-Responsibility Act
5-24 (Article 6701h, Vernon's Texas Civil Statutes), or an offense under
5-25 Section 10, Texas Commercial Driver's License Act (Article 6687b-2,
5-26 Revised Statutes), or to a defendant adjudged guilty of an offense
5-27 under Section 481.134, Health and Safety Code, if it is shown that
6-1 the defendant has been previously convicted of an offense under
6-2 that section.
6-3 SECTION 6. Chapter 46, Penal Code, is amended by adding
6-4 Section 46.13 to read as follows:
6-5 Sec. 46.13. PENALTY IF OFFENSE COMMITTED WITHIN WEAPON-FREE
6-6 SCHOOL ZONE. (a) Except as provided by Subsection (b) of this
6-7 section, the punishment prescribed for an offense under this
6-8 chapter is increased to the punishment prescribed for the next
6-9 highest category of offense if it is shown on the trial of the
6-10 offense that the offense was committed within 1,000 feet of a
6-11 primary or secondary school subject to or eligible for
6-12 accreditation by the Central Education Agency.
6-13 (b) This section does not apply to an offense under Section
6-14 46.04(a)(1) of this code.
6-15 SECTION 7. Chapter 46, Penal Code, is amended by adding
6-16 Section 46.14 to read as follows:
6-17 Sec. 46.14. MAPS AS EVIDENCE OF LOCATION OR AREA. (a) In a
6-18 prosecution under Section 46.13, a map produced or reproduced by a
6-19 municipal or county engineer for the purpose of showing the
6-20 location and boundaries of weapon-free school zones is admissible
6-21 in evidence and is prima facie evidence of the location or
6-22 boundaries of those areas if the governing body of the municipality
6-23 or county adopts a resolution or ordinance approving the map as an
6-24 official finding and record of the location or boundaries of those
6-25 areas.
6-26 (b) A municipal or county engineer may, on request of the
6-27 governing body of the municipality or county, revise a map that has
7-1 been approved by the governing body of the municipality or county
7-2 as provided by Subsection (a).
7-3 (c) A municipal or county engineer shall file the original
7-4 or a copy of every approved or revised map approved as provided by
7-5 Subsection (a) with the county clerk of each county in which the
7-6 area is located.
7-7 (d) This section does not prevent the prosecution from:
7-8 (1) introducing or relying on any other evidence or
7-9 testimony to establish any element of an offense for which
7-10 punishment is increased under Section 46.13; or
7-11 (2) using or introducing any other map or diagram
7-12 otherwise admissible under the Texas Rules of Criminal Evidence.
7-13 SECTION 8. (a) The change in law made by this Act applies
7-14 only to the punishment for an offense committed on or after the
7-15 effective date of this Act. For purposes of this section, an
7-16 offense is committed before the effective date of this Act if any
7-17 element of the offense occurs before the effective date.
7-18 (b) An offense committed before the effective date of this
7-19 Act is covered by the law in effect when the offense was committed,
7-20 and the former law is continued in effect for this purpose.
7-21 SECTION 9. This Act takes effect January 1, 1994.
7-22 SECTION 10. The importance of this legislation and the
7-23 crowded condition of the calendars in both houses create an
7-24 emergency and an imperative public necessity that the
7-25 constitutional rule requiring bills to be read on three several
7-26 days in each house be suspended, and this rule is hereby suspended.