BILL ANALYSIS

 

 

Senate Research Center                                                                                                      S.B. 1530

81R8891 GCB-D                                                                                                          By: Whitmire

                                                                                                                                   Criminal Justice

                                                                                                                                            4/19/2009

                                                                                                                                              As Filed

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Across the state communities experience a variety of problems associated with drugs.  Currently, there are places that are designated as drug-free zones for purposes of applying criminal penalties related to certain drug-related offenses.  These drug-free zones are schools, public or private youth centers, and school buses. 

 

Playgrounds, however, are not included in the drug-free zone.  Therefore, drug-related offenses that occur in playgrounds, where children congregate, are not subject to the severity of penalties for offenses committed in drug-free zones. 

 

As proposed,  S.B. 1530 extends the drug-free zone by including playgrounds as zones to be considered drug-free. 

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1.  Amends Sections 481.134(c)-(f), Health and Safety Code, as follows:

 

(c)  Provides that the minimum term of confinement or imprisonment for an offense, otherwise punishable under certain sections, is increased by five years and the maximum fine for the offense is doubled, if it is shown on the trial of the offense that the offense was committed in, on, or within 1,000 feet of the premises of a school, the premises of a public or private youth center, or a playground. 

 

(d)-(f)  Makes a conforming change. 

 

SECTION 2.  Makes application of this Act prospective.

 

SECTION 3.  Effective date:  September 1, 2009.