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A BILL TO BE ENTITLED
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AN ACT
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relating to including playgrounds in the designation of certain |
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places as drug-free zones for purposes of the criminal penalties |
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that apply to certain drug-related offenses. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 481.134(c), (d), (e), and (f), Health |
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and Safety Code, are amended to read as follows: |
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(c) The minimum term of confinement or imprisonment for an |
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offense otherwise punishable under Section 481.112(c), (d), (e), or |
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(f), 481.113(c), (d), or (e), 481.114(c), (d), or (e), |
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481.115(c)-(f), 481.116(c), (d), or (e), 481.117(c), (d), or (e), |
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481.118(c), (d), or (e), 481.120(b)(4), (5), or (6), or |
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481.121(b)(4), (5), or (6) is increased by five years and the |
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maximum fine for the offense is doubled if it is shown on the trial |
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of the offense that the offense was committed: |
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(1) in, on, or within 1,000 feet of the premises of a |
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school, the premises of [or] a public or private youth center, or a |
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playground; or |
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(2) on a school bus. |
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(d) An offense otherwise punishable under Section |
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481.112(b), 481.113(b), 481.114(b), 481.115(b), 481.116(b), |
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481.120(b)(3), or 481.121(b)(3) is a felony of the third degree if |
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it is shown on the trial of the offense that the offense was |
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committed: |
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(1) in, on, or within 1,000 feet of any real property |
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that is owned, rented, or leased to a school or school board, [or] |
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the premises of a public or private youth center, or a playground; |
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or |
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(2) on a school bus. |
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(e) An offense otherwise punishable under Section |
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481.117(b), 481.119(a), 481.120(b)(2), or 481.121(b)(2) is a state |
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jail felony if it is shown on the trial of the offense that the |
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offense was committed: |
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(1) in, on, or within 1,000 feet of any real property |
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that is owned, rented, or leased to a school or school board, [or] |
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the premises of a public or private youth center, or a playground; |
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or |
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(2) on a school bus. |
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(f) An offense otherwise punishable under Section |
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481.118(b), 481.119(b), 481.120(b)(1), or 481.121(b)(1) is a Class |
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A misdemeanor if it is shown on the trial of the offense that the |
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offense was committed: |
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(1) in, on, or within 1,000 feet of any real property |
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that is owned, rented, or leased to a school or school board, [or] |
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the premises of a public or private youth center, or a playground; |
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or |
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(2) on a school bus. |
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SECTION 2. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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covered by the law in effect when the offense was committed, and the |
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former law is continued in effect for that purpose. For purposes of |
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this section, an offense was committed before the effective date of |
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this Act if any element of the offense was committed before that |
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date. |
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SECTION 3. This Act takes effect September 1, 2009. |