1 | 1 | | 81R8891 GCB-D |
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2 | 2 | | By: Rodriguez, Leibowitz H.B. No. 2466 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | A BILL TO BE ENTITLED |
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6 | 6 | | AN ACT |
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7 | 7 | | relating to including playgrounds in the designation of certain |
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8 | 8 | | places as drug-free zones for purposes of the criminal penalties |
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9 | 9 | | that apply to certain drug-related offenses. |
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10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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11 | 11 | | SECTION 1. Sections 481.134(c), (d), (e), and (f), Health |
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12 | 12 | | and Safety Code, are amended to read as follows: |
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13 | 13 | | (c) The minimum term of confinement or imprisonment for an |
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14 | 14 | | offense otherwise punishable under Section 481.112(c), (d), (e), or |
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15 | 15 | | (f), 481.113(c), (d), or (e), 481.114(c), (d), or (e), |
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16 | 16 | | 481.115(c)-(f), 481.116(c), (d), or (e), 481.117(c), (d), or (e), |
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17 | 17 | | 481.118(c), (d), or (e), 481.120(b)(4), (5), or (6), or |
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18 | 18 | | 481.121(b)(4), (5), or (6) is increased by five years and the |
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19 | 19 | | maximum fine for the offense is doubled if it is shown on the trial |
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20 | 20 | | of the offense that the offense was committed: |
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21 | 21 | | (1) in, on, or within 1,000 feet of the premises of a |
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22 | 22 | | school, the premises of [or] a public or private youth center, or a |
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23 | 23 | | playground; or |
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24 | 24 | | (2) on a school bus. |
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25 | 25 | | (d) An offense otherwise punishable under Section |
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26 | 26 | | 481.112(b), 481.113(b), 481.114(b), 481.115(b), 481.116(b), |
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27 | 27 | | 481.120(b)(3), or 481.121(b)(3) is a felony of the third degree if |
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28 | 28 | | it is shown on the trial of the offense that the offense was |
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29 | 29 | | committed: |
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30 | 30 | | (1) in, on, or within 1,000 feet of any real property |
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31 | 31 | | that is owned, rented, or leased to a school or school board, [or] |
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32 | 32 | | the premises of a public or private youth center, or a playground; |
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33 | 33 | | or |
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34 | 34 | | (2) on a school bus. |
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35 | 35 | | (e) An offense otherwise punishable under Section |
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36 | 36 | | 481.117(b), 481.119(a), 481.120(b)(2), or 481.121(b)(2) is a state |
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37 | 37 | | jail felony if it is shown on the trial of the offense that the |
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38 | 38 | | offense was committed: |
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39 | 39 | | (1) in, on, or within 1,000 feet of any real property |
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40 | 40 | | that is owned, rented, or leased to a school or school board, [or] |
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41 | 41 | | the premises of a public or private youth center, or a playground; |
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42 | 42 | | or |
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43 | 43 | | (2) on a school bus. |
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44 | 44 | | (f) An offense otherwise punishable under Section |
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45 | 45 | | 481.118(b), 481.119(b), 481.120(b)(1), or 481.121(b)(1) is a Class |
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46 | 46 | | A misdemeanor if it is shown on the trial of the offense that the |
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47 | 47 | | offense was committed: |
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48 | 48 | | (1) in, on, or within 1,000 feet of any real property |
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49 | 49 | | that is owned, rented, or leased to a school or school board, [or] |
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50 | 50 | | the premises of a public or private youth center, or a playground; |
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51 | 51 | | or |
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52 | 52 | | (2) on a school bus. |
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53 | 53 | | SECTION 2. The change in law made by this Act applies only |
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54 | 54 | | to an offense committed on or after the effective date of this Act. |
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55 | 55 | | An offense committed before the effective date of this Act is |
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56 | 56 | | covered by the law in effect when the offense was committed, and the |
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57 | 57 | | former law is continued in effect for that purpose. For purposes of |
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58 | 58 | | this section, an offense was committed before the effective date of |
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59 | 59 | | this Act if any element of the offense was committed before that |
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60 | 60 | | date. |
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61 | 61 | | SECTION 3. This Act takes effect September 1, 2009. |
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