By: Ellis, Moncrief S.B. No. 358
A BILL TO BE ENTITLED
AN ACT
1-1 relating to drug-free zones and to the imposition of fines and
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; making an appropriation of such fines.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. FINDINGS; PURPOSE. (a) The legislature finds
1-7 that the proximity of drug-related activity to schools and
1-8 playgrounds is a serious problem facing the schoolchildren of this
1-9 state, their parents and educators, and society as a whole,
1-10 creating an emergency situation requiring a swift, strong response.
1-11 The interactions of schoolchildren and of schoolchildren and adults
1-12 should be healthy and should contribute to the development of
1-13 positive social skills; the schoolchildren of this state deserve
1-14 for their schools and playgrounds to be free from the blight of
1-15 drug-related activity and to be safe and secure; and the quality of
1-16 education will be enhanced by and society will benefit from the
1-17 establishment of drug-free zones in and around elementary and
1-18 secondary schools.
1-19 (b) It is the purpose of this Act to alleviate the problems
1-20 arising from the availability of drugs to school-age children by
1-21 eliminating the sale, possession, and use of controlled substances
1-22 in and around elementary and secondary schools through the creation
1-23 of drug-free zones in which deterrence and enforcement efforts are
2-1 increased.
2-2 SECTION 2. Subchapter D, Chapter 481, Health and Safety
2-3 Code, is amended by adding Section 481.135 to read as follows:
2-4 Sec. 481.135. DRUG-FREE ZONES. (a) In this section:
2-5 (1)(A) "Drug-free zone" means an area in, on, or
2-6 within:
2-7 (i) 1,000 feet of the premises of a
2-8 school; or
2-9 (ii) 300 feet of the premises of a
2-10 playground.
2-11 (B) For purposes of this section, the distance
2-12 from the premises of a school shall be measured by the shortest
2-13 straight line from the place where the offense was committed to the
2-14 nearest property line of the school.
2-15 (2) "Playground" means any outdoor facility that is
2-16 not on the premises of a school and that:
2-17 (A) is intended for recreation;
2-18 (B) is open to the public; and
2-19 (C) contains three or more separate apparatus
2-20 intended for the recreation of children, such as slides, swing
2-21 sets, and teeterboards.
2-22 (3) "Premises" means real property and all buildings
2-23 and appurtenances pertaining to the real property.
2-24 (4) "School" means a private or public elementary or
2-25 secondary school.
3-1 (b) For a felony offense under Section 481.112, 481.113,
3-2 481.114, 481.119, or 481.120, if it is shown at trial that the
3-3 offense was committed in a drug-free zone, the judge may, at the
3-4 judge's discretion, increase the sentence imposed by up to five
3-5 years. If the judge does elect to increase the sentence, the judge
3-6 shall provide in open court an explanation for the increase and
3-7 give reasons adequate to justify the imposition of such an
3-8 increase.
3-9 (c) It is not a defense to the increase in penalty provided
3-10 in Subsection (b) that at the time of the offense:
3-11 (1) school was not in session; or
3-12 (2) no juveniles were present on the school or
3-13 playground premises.
3-14 (d) It is an affirmative defense to prosecution under this
3-15 section that:
3-16 (1) the offense was committed inside a private
3-17 residence;
3-18 (2) no minor was present in the private residence at
3-19 the time the offense was committed; and
3-20 (3) the prohibited conduct did not involve delivering,
3-21 manufacturing, selling, or possessing with the intent to
3-22 manufacture, sell, or deliver any controlled substance for profit.
3-23 The defendant shall establish the affirmative defense under this
3-24 section by proving each element of the defense by a preponderance
3-25 of the evidence.
4-1 (e) If it is shown on the trial of an offense under this
4-2 section that the defendant has been previously convicted of an
4-3 offense under this section, the defendant is not eligible for
4-4 probation or deferred adjudication under Article 42.12, Code of
4-5 Criminal Procedure.
4-6 (f) In a prosecution in which the penalty may be increased
4-7 as provided in Subsection (b), a map produced or reproduced by any
4-8 municipal or county engineer for the purpose of depicting the
4-9 location and boundaries of drug-free zones or a true copy of such a
4-10 map shall, on proper authentication, be admissible and shall
4-11 constitute prima facie evidence of the location and boundaries of a
4-12 drug-free zone, provided that the governing body of the
4-13 municipality or county has adopted a resolution or ordinance
4-14 approving the map as an official finding and record of the location
4-15 and boundaries of drug-free zones. Any map approved pursuant to
4-16 this subsection may be changed from time to time by the governing
4-17 body of the municipality or county. The original or a true copy of
4-18 every map approved or revised pursuant to this subsection shall be
4-19 filed with the clerk of the municipality or county and shall be
4-20 maintained as an official record of the municipality or county.
4-21 Nothing in this subsection shall be construed to preclude the
4-22 prosecution from introducing or relying on any other evidence or
4-23 testimony to establish any element of an offense subject to
4-24 increased penalty under this section, nor shall this subsection be
4-25 construed to preclude the use or admissibility of any map or
5-1 diagram other than one which has been approved by the governing
5-2 body of a municipality or county, provided that the map or diagram
5-3 is otherwise admissible pursuant to the Texas Rules of Criminal
5-4 Evidence.
5-5 (g) One-half of all fines collected for offenses in which
5-6 there is a finding under Subsection (b) is payable to the
5-7 comptroller of public accounts. All such fines are hereby
5-8 appropriated to the Texas Commission on Alcohol and Drug Abuse to
5-9 be expended for substance abuse prevention, intervention, and
5-10 treatment services for youth. Funds allocated in this section may
5-11 be used by the commission to meet any federal requirements for
5-12 receipt of federal funds for chemical dependency prevention and
5-13 treatment services. The fines due the state under this section
5-14 shall be collected along with and in the same manner as other fines
5-15 are collected in the case. The officer collecting the fines due
5-16 under this section shall keep separate records of the funds
5-17 collected as fines under this section and shall deposit the funds
5-18 in the county treasury. The custodians of the county treasuries
5-19 with whom fines collected under this section are deposited shall
5-20 keep records of the amount of fines collected under this section
5-21 which are on deposit with them and shall on the first day of
5-22 January, April, July, and October of each year remit to the
5-23 comptroller of public accounts one-half of all fines collected
5-24 under this section during the preceding quarter.
5-25 SECTION 3. (a) The change in law made by this Act applies
6-1 only to an offense committed on or after the effective date of this
6-2 Act. For purposes of this section, an offense is committed before
6-3 the effective date of this Act if any element of the offense occurs
6-4 before the effective date.
6-5 (b) An offense committed before the effective date of this
6-6 Act is covered by the law in effect when the offense was committed,
6-7 and the former law is continued in effect for this purpose.
6-8 SECTION 4. This Act takes effect September 1, 1993.
6-9 SECTION 5. The importance of this legislation and the
6-10 crowded condition of the calendars in both houses create an
6-11 emergency and an imperative public necessity that the
6-12 constitutional rule requiring bills to be read on three several
6-13 days in each house be suspended, and this rule is hereby suspended.