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ACT No. 506
Regular Session, 2010
HOUSE BILL NO. 43
BY REPRESENTATIVE HARDY
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
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(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
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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
to the situation. Signs or other markings shall be located in a visible manner on or21
near each school and on and in each school bus indicating that such area is a drug22 ENROLLEDHB NO. 43
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free zone, that such zone extends to one two thousand feet of school property, and1
that a felony violation of the Uniform Controlled Dangerous Substances Law will2
subject the offender to severe penalties under law. The state Department of3
Education shall assist each school system with providing for the posting required in4
this Subsection.5
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Section 2. R.S. 40:981.3(A), (B), and (D) and 1058.10(A) and (C)(1) are hereby7
amended and reenacted to read as follows:8
§981.3. Violation of Uniform Controlled Dangerous Substances Law; drug-free9
drug free zone10
A.(1) Any person who violates a provision of R.S. 40:966 through 970 of the11
Uniform Controlled Dangerous Substances Law while on any property used for12
school purposes by any school, within one two thousand feet of any such property,13
or while on a school bus, shall, upon conviction, be punished in accordance with14
Subsection E of this Section.15
(2) Any person who violates a provision of R.S. 40:966(A), 967(A), 968(A),16
969(A), or 970(A) while on property used as a drug treatment facility or within one17
two thousand feet of any such property, when included within an area marked as a18
drug-free drug free zone pursuant to R.S. 40:1058.10, shall, upon conviction, be19
punished in accordance with Subsection E of this Section.20
(3)(a) Any person who violates a provision of R.S. 40:966 through 970 of21
the Uniform Controlled Dangerous Substances Law while on any religious building22
property, public housing authority property, child day care center property, or within23
one two thousand feet of any such property, if the area is posted as a drug-free drug24
free zone, shall, upon conviction, be punished in accordance with Subsection E of25
this Section.26
(b) In order for the provisions of this Section to apply to religious buildings,27
public housing authority property, or child day care center property, the building28
must be posted as a drug-free drug free zone as provided herein. The design and29
posting of the signs shall be at the discretion of the entity that owns or has authority30 ENROLLEDHB NO. 43
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over the religious building, public housing authority property, or child day care1
center property. In order to post the area as a drug-free drug free zone, the signs2
shall be located in a visible manner on or near each religious building, public3
housing authority property, or child day care center property indicating that such area4
is a drug-free drug free zone, that such zone extends for a distance of one two5
thousand feet, and that a violation of the Uniform Controlled Dangerous Substances6
Law will subject the offender to severe penalties under law.7
B. Lack of knowledge that the prohibited act occurred on or within one two8
thousand feet of school or drug treatment facility property shall not be a defense.9
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D. A violation of this Section within one two thousand feet of school11
property, a drug treatment facility, religious building property, public housing12
authority property, or child day care facility property shall not include an act which13
occurs entirely within a private residence wherein no person seventeen years of age14
or under was present.15
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§1058.10. Drug free zone; notice; signs17
A. A drug free zone is an area inclusive of any property used as a drug18
treatment facility or within one two thousand feet of such property. For the purposes19
of this Section, "drug treatment facility" means all property used for the diagnostic,20
treatment, and rehabilitative services to patients and their families with problems21
related to alcohol, drug, or substance abuse.22
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C.(1) The secretary of the Department of Health and Hospitals shall develop24
a method by which to mark drug free zones, including the use of signs or other25
marking suitable to the situation. Signs or other markings shall be located in a26
visible manner on or near each drug treatment facility indicating that such area is a27
drug free zone, that such zone extends for a distance of one two thousand feet, and28 ENROLLEDHB NO. 43
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that a felony violation of the Uniform Controlled Dangerous Substances Law will1
subject the offender to severe penalties under law. The Department of Health and2
Hospitals shall assist each drug treatment facility with providing for the posting3
required in this Subsection.4
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SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: