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A BILL TO BE ENTITLED
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AN ACT
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relating to increasing the criminal penalty for the offense of |
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manufacture or delivery of a substance in Penalty Group 1 of the |
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Texas Controlled Substances Act. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 42A.555(a), Code of Criminal Procedure, |
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is amended to read as follows: |
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(a) A judge assessing punishment in a state jail felony case |
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may impose as a condition of community supervision that a defendant |
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submit at the beginning of the period of community supervision to a |
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term of confinement in a state jail felony facility for a term of: |
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(1) not less than 90 days or more than 180 days; or |
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(2) not less than 90 days or more than one year, if the |
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defendant is convicted of an offense punishable as a state jail |
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felony under Section [481.112,] 481.1121, 481.113, or 481.120, |
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Health and Safety Code. |
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SECTION 2. Section 481.112(b), Health and Safety Code, is |
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amended to read as follows: |
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(b) An offense under Subsection (a) is a [state jail] felony |
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of the third degree if the amount of the controlled substance to |
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which the offense applies is, by aggregate weight, including |
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adulterants or dilutants, less than one gram. |
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SECTION 3. Sections 481.134(b), (c), and (d), Health and |
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Safety Code, are amended to read as follows: |
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(b) An offense otherwise punishable as a state jail felony |
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under Section [481.112,] 481.1121, 481.113, 481.114, or 481.120 is |
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punishable as a felony of the third degree, and an offense otherwise |
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punishable as a felony of the second degree under any of those |
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sections is punishable as a felony of the first degree, if it is |
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shown at the punishment phase of 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 premises owned, |
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rented, or leased by an institution of higher learning, the |
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premises of a public or private youth center, or a playground; or |
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(2) in, on, or within 300 feet of the premises of a |
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public swimming pool or video arcade facility. |
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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(b), (c) |
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[481.112(c)], (d), (e), or (f), 481.1121(b)(2), (3), or (4), |
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481.113(c), (d), or (e), 481.114(c), (d), or (e), 481.115(c)-(f), |
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481.1151(b)(2), (3), (4), or (5), 481.116(c), (d), or (e), |
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481.1161(b)(4), (5), or (6), 481.117(c), (d), or (e), 481.118(c), |
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(d), or (e), 481.120(b)(4), (5), or (6), or 481.121(b)(4), (5), or |
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(6) is increased by five years and the maximum fine for the offense |
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is doubled 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 the premises of a |
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school, the premises of 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),] 481.1121(b)(1), 481.113(b), 481.114(b), 481.115(b), |
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481.1151(b)(1), 481.116(b), 481.1161(b)(3), 481.120(b)(3), or |
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481.121(b)(3) is a felony of the third degree if it is shown on the |
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trial of the offense that the 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, the |
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premises of a public or private youth center, or a playground; or |
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(2) on a school bus. |
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SECTION 4. 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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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 5. This Act takes effect September 1, 2019. |