HLS 10RS-221 ORIGINAL
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2010
HOUSE BILL NO. 43
BY REPRESENTATIVE HARDY
DRUGS: Expands drug free zones from 1,000 feet to 2,000 feet from designated properties
AN ACT1
To amend and reenact R.S. 17:405(A)(1)(b) and (i) and (C)(1), R.S. 40:981.3(A), (B), and2
(D) and 1058.10(A) and (C)(1), relative to drug free zones; to expand the area of3
drug free zones; and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 17:405(A)(1)(b) and (i) and (C)(1) are hereby amended and6
reenacted to read as follows:7
§405. Drug free zone; notice; signs8
A.(1) A "drug free zone" is:9
* * *10
(b) An area within one two thousand feet of any property used for school11
purposes by any school.12
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(i) Any area within one two thousand feet of any property used for the14
purposes of a full-time day care center.15
* * *16
C.(1) The state superintendent of education, with the approval of the State17
Board of Elementary and Secondary Education, and the commissioner of higher18
education, with the approval of the Board of Regents, shall develop a method by19
which to mark drug free zones, including the use of signs or other markings suitable20 HLS 10RS-221 ORIGINAL
HB NO. 43
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to the situation. Signs or other markings shall be located in a visible manner on or1
near each school and on and in each school bus indicating that such area is a drug2
free zone, that such zone extends to one two thousand feet of school property, and3
that a felony violation of the Uniform Controlled Dangerous Substances Law will4
subject the offender to severe penalties under law. The state Department of5
Education shall assist each school system with providing for the posting required in6
this Subsection.7
* * *8
Section 2. R.S. 40:981.3(A), (B), and (D) and 1058.10(A) and (C)(1) are hereby9
amended and reenacted to read as follows:10
§981.3. Violation of Uniform Controlled Dangerous Substances Law; drug-free11
drug free zone12
A.(1) Any person who violates a provision of R.S. 40:966 through 970 of the13
Uniform Controlled Dangerous Substances Law while on any property used for14
school purposes by any school, within one two thousand feet of any such property,15
or while on a school bus, shall, upon conviction, be punished in accordance with16
Subsection E of this Section.17
(2) Any person who violates a provision of R.S. 40:966(A), 967(A), 968(A),18
969(A), or 970(A) while on property used as a drug treatment facility or within one19
two thousand feet of any such property, when included within an area marked as a20
drug-free drug free zone pursuant to R.S. 40:1058.10, shall, upon conviction, be21
punished in accordance with Subsection E of this Section.22
(3)(a) Any person who violates a provision of R.S. 40:966 through 970 of23
the Uniform Controlled Dangerous Substances Law while on any religious building24
property, public housing authority property, child day care center property, or within25
one two thousand feet of any such property, if the area is posted as a drug-free drug26
free zone, shall, upon conviction, be punished in accordance with Subsection E of27
this Section.28 HLS 10RS-221 ORIGINAL
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(b) In order for the provisions of this Section to apply to religious buildings,1
public housing authority property, or child day care center property, the building2
must be posted as a drug-free drug free zone as provided herein. The design and3
posting of the signs shall be at the discretion of the entity that owns or has authority4
over the religious building, public housing authority property, or child day care5
center property. In order to post the area as a drug-free drug free zone, the signs6
shall be located in a visible manner on or near each religious building, public7
housing authority property, or child day care center property indicating that such area8
is a drug-free drug free zone, that such zone extends for a distance of one two9
thousand feet, and that a violation of the Uniform Controlled Dangerous Substances10
Law will subject the offender to severe penalties under law.11
B. Lack of knowledge that the prohibited act occurred on or within one two12
thousand feet of school or drug treatment facility property shall not be a defense.13
* * *14
D. A violation of this Section within one two thousand feet of school15
property, a drug treatment facility, religious building property, public housing16
authority property, or child day care facility property shall not include an act which17
occurs entirely within a private residence wherein no person seventeen years of age18
or under was present.19
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§1058.10. Drug free zone; notice; signs21
A. A drug free zone is an area inclusive of any property used as a drug22
treatment facility or within one two thousand feet of such property. For the purposes23
of this Section, "drug treatment facility" means all property used for the diagnostic,24
treatment, and rehabilitative services to patients and their families with problems25
related to alcohol, drug, or substance abuse.26
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C.(1) The secretary of the Department of Health and Hospitals shall develop28
a method by which to mark drug free zones, including the use of signs or other29 HLS 10RS-221 ORIGINAL
HB NO. 43
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are additions.
marking suitable to the situation. Signs or other markings shall be located in a1
visible manner on or near each drug treatment facility indicating that such area is a2
drug free zone, that such zone extends for a distance of one two thousand feet, and3
that a felony violation of the Uniform Controlled Dangerous Substances Law will4
subject the offender to severe penalties under law. The Department of Health and5
Hospitals shall assist each drug treatment facility with providing for the posting6
required in this Subsection.7
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DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Hardy HB No. 43
Abstract: Increases the drug free zone from 1,000 feet to 2,000 feet of any school property,
a drug treatment facility, religious building property, public housing authority
property, or child day care facility.
Present law provides for drug free zones.
Present law provides that a drug free zone is an area within 1,000 feet of any school
property, drug treatment facility, religious building property, public housing authority
property, or child day care facility.
Proposed law increases the drug free zone from 1,000 feet to 2,000 feet and otherwise retains
present law.
(Amends R.S. 17:405(A)(1)(b) and (i) and (C)(1), R.S. 40:981.3(A), (B), and (D) and
1058.10(A) and (C)(1))