By: Ellis S.B. No. 203
A BILL TO BE ENTITLED
AN ACT
1-1 relating to drug-free zones and to the imposition of criminal
1-2 penalties for the delivery, manufacture, or possession with the
1-3 intent to deliver or manufacture a controlled substance in
1-4 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 481.136 to read as follows:
1-8 Sec. 481.136. DRUG-FREE ZONES. (a) In this section,
1-9 "religious organization" means a church, synagogue, or other
1-10 religious institution whose purpose is to support and serve the
1-11 propagation of truly held religious beliefs.
1-12 (b) The minimum term of confinement or imprisonment for an
1-13 offense, and the maximum fine for an offense, under Section
1-14 481.112, 481.113, 481.114, 481.119, or 481.120 are doubled if it is
1-15 shown on the trial of the offense that the offense was committed on
1-16 the grounds or within 1,000 feet of the premises of a religious
1-17 organization.
1-18 SECTION 2. Subsections (b) and (c), Section 8, Article
1-19 42.18, Code of Criminal Procedure, are amended to read as follows:
1-20 (b) (1) A prisoner under sentence of death is not eligible
1-21 for parole.
1-22 (2) If a prisoner is serving a life sentence for a
1-23 capital felony, the prisoner is not eligible for release on parole
2-1 until the actual calendar time the prisoner has served, without
2-2 consideration of good conduct time, equals 35 calendar years.
2-3 (3) If a prisoner is serving a sentence for which the
2-4 punishment is increased under Section 481.136, Health and Safety
2-5 Code, the prisoner is not eligible for release on parole until the
2-6 actual calendar time the prisoner has served, without consideration
2-7 of good conduct time, equals three years or the maximum term to
2-8 which the prisoner was sentenced, whichever is less.
2-9 (4) If a prisoner is serving a sentence for the
2-10 offenses listed in Subdivision (1)(B), (C), or (D) of Section
2-11 3g(a), Article 42.12 of this code, or if the judgment contains an
2-12 affirmative finding under Subdivision (2) of Subsection (a) of
2-13 Section 3g of that article, he is not eligible for release on
2-14 parole until his actual calendar time served, without consideration
2-15 of good conduct time, equals one-fourth of the maximum sentence or
2-16 15 calendar years, whichever is less, but in no event shall he be
2-17 eligible for release on parole in less than two calendar years.
2-18 (5) <(4)> 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
3-1 has served plus any accrued good conduct time equal the maximum
3-2 term to which he was sentenced. A prisoner released to mandatory
3-3 supervision shall, upon release, be deemed as if released on
3-4 parole. To the extent practicable, arrangements for the prisoner's
3-5 proper employment, maintenance, and care shall be made prior to his
3-6 release to mandatory supervision. The period of mandatory
3-7 supervision shall be for a period equivalent to the maximum term
3-8 for which the prisoner was sentenced less calendar time actually
3-9 served on the sentence. The time served on mandatory supervision
3-10 is calculated as calendar time. Every prisoner while on mandatory
3-11 supervision shall remain in the legal custody of the state and
3-12 shall be amenable to conditions of supervision ordered by the
3-13 parole panel. A prisoner may not be released to mandatory
3-14 supervision if the prisoner is serving a sentence for an offense
3-15 and the judgment for the offense contains an affirmative finding
3-16 under Subdivision (2), Subsection (a), Section 3g, Article 42.12,
3-17 of this code or if the prisoner is serving a sentence for:
3-18 (1) a first degree felony under Section 19.02, Penal
3-19 Code (Murder);
3-20 (2) a capital felony under Section 19.03, Penal Code
3-21 (Capital Murder);
3-22 (3) a first degree felony or a second degree felony
3-23 under Section 20.04, Penal Code (Aggravated Kidnapping);
3-24 (4) a second degree felony under Section 22.011, Penal
3-25 Code (Sexual Assault);
4-1 (5) a second degree or third degree felony under
4-2 Section 22.02, Penal Code (Aggravated Assault);
4-3 (6) a first degree felony under Section 22.021, Penal
4-4 Code (Aggravated Sexual Assault);
4-5 (7) a first degree felony under Section 22.03, Penal
4-6 Code (Deadly Assault on Law Enforcement or Corrections Officer or
4-7 Court Participant);
4-8 (8) a first degree felony under Section 22.04, Penal
4-9 Code (Injury to a Child or an Elderly Individual);
4-10 (9) a first degree felony under Section 28.02, Penal
4-11 Code (Arson);
4-12 (10) a second degree felony under Section 29.02, Penal
4-13 Code (Robbery);
4-14 (11) a first degree felony under Section 29.03, Penal
4-15 Code (Aggravated Robbery); <or>
4-16 (12) a first degree felony under Section 30.02, Penal
4-17 Code (Burglary), if the offense is punished under Subsection (d)(2)
4-18 or (d)(3) of that section; or
4-19 (13) a felony for which punishment was increased under
4-20 Section 481.136, Health and Safety Code.
4-21 SECTION 3. (a) The change in law made by this Act applies
4-22 only to an offense committed on or after the effective date of this
4-23 Act. For purposes of this section, an offense is committed before
4-24 the effective date of this Act if any element of the offense occurs
4-25 before the effective date.
5-1 (b) An offense committed before the effective date of this
5-2 Act is covered by the law in effect when the offense was committed,
5-3 and the former law is continued in effect for this purpose.
5-4 SECTION 4. This Act takes effect September 1, 1993.
5-5 SECTION 5. The importance of this legislation and the
5-6 crowded condition of the calendars in both houses create an
5-7 emergency and an imperative public necessity that the
5-8 constitutional rule requiring bills to be read on three several
5-9 days in each house be suspended, and this rule is hereby suspended.