BILL ANALYSIS
H.B. 439
By: De La Garza
04-19-95
Committee Report (Amended)
BACKGROUND
Violence in our public schools has increased in recent years, and
parents, teachers and students are concerned about school safety.
Brass knuckles, guns and knives are common in many schools today.
A number of violent deaths have occurred in Texas public schools;
a number of these have been gang related.
Houston ISD spends more than $1 million on security, including
security personnel and equipment such as metal detectors. El Paso
spends money on its own police force in addition to campus security
and equipment. Dallas ISD has two metal detectors in every high
school and one in every middle school.
During the 73rd Session, legislation was passed to create drug-free
and weapon-free zones. Yet, many establishments that children
frequent, other than schools, were not included. Some feel the
need to redefine these zones and to stiffen the penalties for
committing crimes near children is pressing. Children are being
needlessly influenced by drug dealers and violent individuals; more
must be done to deter these kinds of crimes from occurring near
children.
Both drugs and weapons disrupt the larger effort to educate
children. When a child is afraid to attend school because of
possible violence, he may find it difficult to concentrate on
learning.
PURPOSE
If enacted, H.B. 439 would increase penalties for committing
certain offenses in drug-free and weapon-free zones. It would also
impose stiffer penalties for drug and weapons crimes committed
within the zones. H.B. 439 would also redefine drug-free and
weapon-free zones.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly
grant any additional rulemaking authority to a state officer,
department, agency, or institution.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 481.134, Health and Safety Code (DRUG-FREE ZONES), as follows:
(a) (1) defines "minor."
(2) - (7) renumbered.
(b) increases the minimum term of confinement or imprisonment
for an offense otherwise punishable under sections of the
Health and Safety Code relating to the manufacture, delivery,
or possession of certain substances, if the offense was
committed: on school premises; on a school bus; in, on, or
within 1,000 feet of the premises of an institution of higher
education; or on a playground.
(c) classifies certain drug offenses as third degree felonies
if it shown that the offenses were committed in drug-free or
weapon-free zones.
(d) classifies certain offenses as state jail felonies if it
is shown on the trial of the offense that the offense was
committed in drug-free or weapon-free zones.
(e) classifies certain offenses as Class A misdemeanors if it
is shown on the trial of the offense that the offense was
committed in drug-free or weapon-free zones.
(f) makes Subsection (e) inapplicable to an offense if:
(1) the offense was committed inside a private
residence; and
(2) no minor was present at the time the offense was
committed.
(g) prohibits a punishment that is increased for a conviction
for an offense listed under this section from running
concurrently with punishment for a conviction under any other
criminal statute.
SECTION 2. Amends Section 3g(a), Article 42.12, Code of Criminal
Procedure (COMMUNITY SUPERVISION), as follows:
(1) (A) - (F) makes nonsubstantive changes.
(G) makes provisions of Section 3 of this article
inapplicable to offenses under Chapter 481, Health and
Safety Code, for which punishment is increased under
Section 481.134, if it is shown the defendant has a
previous conviction for an offense for which punishment
was increased.
SECTION 3. Amends Section 4(d), Article 42.12, Code of Criminal
Procedure (COMMUNITY SUPERVISION), as follows: deems a defendant
ineligible for community supervision under this section if the
defendant is adjudged guilty of an offense for which punishment is
increased under Section 481. 134, Health and Safety Code.
SECTION 4. Amends Section 5(d), Article 42.12, Code of Criminal
Procedure (COMMUNITY SUPERVISION), as follows: prohibits a judge
from granting deferred adjudication to defendants charged with
offenses for which punishment may be increased under Section
481.134, Health and Safety Code.
SECTION 5. Amends Section 8(b)(3), Article 42.18, Code of Criminal
Procedure (ADULT PAROLE AND MANDATORY SUPERVISION LAW), as follows:
deletes exemption for prisoners described by Subdivision (4) of
this subsection.
SECTION 6. Amends Chapter 46, Penal Code (WEAPONS), by adding
Section 46.11 as follows:
Sec. 46.11. PENALTY IF OFFENSE COMMITTED WITHIN WEAPON-FREE ZONE.
(a) except as provided by Subsection (b), increases the
punishment prescribed for an offense under this chapter to the
punishment prescribed for the next highest category of offense
if it is shown at trial that the offense was committed in a
school, playground, youth center, or video arcade.
(b) makes this section inapplicable to an offense under Sec.
46.03(a)(1).
(c) defines "institution of higher education," "playground,"
" premises," "school," "video arcade facility," and "youth
center."
SECTION 7. Amends Chapter 46, Penal Code (WEAPONS), by adding Sec.
46.12 as follows:
Sec. 46.12. MAPS AS EVIDENCE OF LOCATION OR AREA
(a) allows a map with boundaries of weapon-free zones as
admissible evidence in a prosecution under Sec. 46.11 if the
governing body adopts a resolution approving the map.
(b) allows a municipal or county engineer, on request of the
governing body, to revise a map that has been approved by the
governing body.
(c) requires a municipal or county engineer to file the
original or a copy of every approved or revised map with the
county clerk of each county in which the area is located.
(d) does not prevent the prosecution from:
(1) introducing or relying on any other evidence or
testimony to establish any element of an offense for
which punishment is increased under Sec. 46.11; or
(2) using or introducing any other map or diagram
otherwise admissible under the Texas Rules of Criminal
Evidence.
SECTION 8. Repeals Section 8(b)(4), Article 42.18, Code of
Criminal Procedure.
SECTION 9.
(a) Change in law made by this Act applies only to the
punishment for an offense committed on or after the effective
date of this Act.
(b) Makes effect of the Act prospective.
SECTION 10. Effective date: September 1, 1995.
SECTION 11. Emergency clause.
EXPLANATION OF AMENDMENTS
The amendment added subsection (5) to Sec. 46.11 of the Penal Code
to include offenses committed on a premise where a school function
is taking place, events sponsored by the university interscholastic
league, or school-sponsored extracurricular activities. The
amendment added more exclusions.
SUMMARY OF COMMITTEE ACTION
HB 439 was considered by the full committee in a public hearing on
April 19, 1995. The committee considered an amendment to the bill.
The amendment was adopted without objection. HB 439 was reported
favorably with an amendment, with the recommendation that it do
pass and be printed, by a record vote of 7 ayes, 0 nays, 0 pnv, and
2 absent.