BILL ANALYSIS



C.S.S.B. 840
By: Brown (De La Garza)
May 10, 1995
Committee Report (Substituted)

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, C.S.S.B. 840 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.  C.S.S.B. 840 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
     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 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  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) does not apply to defendant unless it is shown beyond a
     reasonable doubt that the offense was committee in drug-free
     zones.

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 Section 46.03 (a), (d), and (f), Penal Code and
adds new subsection (g) as follows:

(a) expands list of places where weapons are prohibited to include
within 1,000 feet of a school, and institution or higher education
unless there is written authorization;  of a polling place; of any
government court or office; of a racetrack; of an airport; or a
school bus unless there is written authorization.

(d) changed reference from "subsection" to "Section".

(f) lists of defenses to prosecution.

(g) assigns meaning in this section from the Health and Safety Code
to institution of higher education, premises, and school.

SECTION 7.  Amends Chapter 46, by adding Section 46.11 (PENALTY IF
OFFENSE COMMITTED WITHIN WEAPON-FREE ZONE) as follows:  

(a) increases the punishment under this chapter for offenses
committed in weapon-free zones to the next highest category;

(b) makes section inapplicable to an offense under Section 46.03;
if the offense where the person possessed the weapon on private
property not part of a school; for use in a program by a school;
within a contract between a school and the person or the person's
employer; when traveling as a peace officer; or while traveling to
or from place of work as a member of the armed forces or national
guard.  The firearm can be carried if not loaded or in a locked
container or firearm rack in a motor vehicle.

(c) assigns meaning to institution of higher education, playground,
premises, school, video arcade facility, and youth center, Health
and Safety Code.       

SECTION 8.  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.46.03 or 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 9.  Repeals Section 8(b)(4), Article 42.18, Code of
Criminal Procedure.

SECTION 10.

     (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 11.  Effective date:  September 1, 1995.

SECTION 12.  Emergency clause.


COMPARISON OF ORIGINAL TO SUBSTITUTE

The caption of the original bill was changed in the substitute to
include drug-free zones.  The original bill amended Section 46.03
of the Penal Code only.  The substitute amends Section 481.134 of
Health and Safety Code; Article 42.12 of the Code of Criminal
Procedure, sec. 3g(a), 4(d), and Section 5(d); Chapter 46 of the
Penal Code by adding Sections 46.11, 46.12.  The substitute deletes
Section 8 (b)(4) of the Code of Criminal Procedure.

SUMMARY OF COMMITTEE ACTION

SB 840 was considered by the full committee in a formal meeting on
May 10, 1995.  A complete committee substitute was considered.  The
substitute was adopted without objection.  SB 840 was reported
favorably as substituted with the recomendation that it do pass and
be printed by a record vote of 7 ayes, 0 nays, 0 pnv, and 2 absent.