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.