By: Ellis S.B. No. 356 A BILL TO BE ENTITLED AN ACT 1-1 relating to enhancement of the penalty for adults who commit 1-2 certain drug offenses while in the presence of minors. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. Subchapter D, Chapter 481, Health and Safety 1-5 Code, is amended by adding Section 481.134 to read as follows: 1-6 Sec. 481.134. PENALTY IF CRIME COMMITTED WHILE IN PRESENCE 1-7 OF MINOR. (a) For purposes of this section, a defendant is 1-8 considered to be "in the presence" of another person if the other 1-9 person is in an area where the other person might have reasonably 1-10 been able to observe, overhear, or otherwise detect the defendant's 1-11 commission of any element of an offense listed in Subsection (b). 1-12 (b) The punishment for an offense under Section 481.112, 1-13 481.113, 481.114, 481.115, 481.116, 481.117, 481.118, 481.119, 1-14 481.120, 481.121, 481.122, 481.123, or 481.125 is enhanced to the 1-15 punishment for the next higher category of offense if it is shown 1-16 on the trial of the offense that at the time the defendant 1-17 committed the conduct: 1-18 (1) the defendant was 18 years of age or older; and 1-19 (2) the defendant was in the presence of a person 1-20 younger than 18 years of age. 1-21 (c) This section does not apply to punishment for an offense 1-22 under Section 481.120 or 481.122 if the defendant was younger than 1-23 21 years of age at the time the offense was committed and delivered 2-1 only marihuana in an amount less than one-fourth ounce for which 2-2 the defendant did not receive remuneration. 2-3 (d) This section applies to punishment for offenses 2-4 regardless of whether the person in whose presence the defendant 2-5 committed the offense: 2-6 (1) did not detect the commission of any element of an 2-7 offense listed in Subsection (b); or 2-8 (2) may not have detected or comprehended, because of 2-9 age, inexperience, or disability, that the defendant was committing 2-10 any element of an offense listed in Subsection (b). 2-11 (e) This section does not apply to punishment for an offense 2-12 designated under this chapter as an aggravated offense, a 2-13 first-degree felony, or a capital felony. 2-14 (f) This section applies whether or not the defendant knew 2-15 or could reasonably have known that the defendant was in the 2-16 presence of a person younger than 18 years of age when the 2-17 defendant committed the conduct. 2-18 SECTION 2. (a) The change in law made by this Act applies 2-19 only to the punishment for an offense committed on or after the 2-20 effective date of this Act. For purposes of this section, an 2-21 offense is committed before the effective date of this Act if any 2-22 element of the offense occurs before the effective date. 2-23 (b) An offense committed before the effective date of this 2-24 Act is covered by the law in effect when the offense was committed, 2-25 and the former law is continued in effect for this purpose. 3-1 SECTION 3. This Act takes effect September 1, 1993. 3-2 SECTION 4. The importance of this legislation and the 3-3 crowded condition of the calendars in both houses create an 3-4 emergency and an imperative public necessity that the 3-5 constitutional rule requiring bills to be read on three several 3-6 days in each house be suspended, and this rule is hereby suspended.