Texas 2019 - 86th Regular

Texas House Bill HB2200 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R8287 LHC-F
2	2	By: Thompson of Harris H.B. No. 2200
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the punishment of certain controlled substance offenses
8	8	committed in a drug-free zone.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 481.134, Health and Safety Code, is
11	11	amended by amending Subsections (b), (c), (d), (e), and (f) and
12	12	adding Subsection (i) to read as follows:
13	13	(b) An offense otherwise punishable as a state jail felony
14	14	under Section 481.112, 481.1121, 481.113, 481.114, or 481.120 is
15	15	punishable as a felony of the third degree, and an offense otherwise
16	16	punishable as a felony of the second degree under any of those
17	17	sections is punishable as a felony of the first degree, if it is
18	18	shown at the punishment phase of the trial of the offense that the
19	19	offense was committed:
20	20	(1) in, on, or within 500 [1,000] feet of premises
21	21	owned, rented, or leased by an institution of higher learning, the
22	22	premises of a public or private youth center, or a playground; or
23	23	(2) in, on, or within 300 feet of the premises of a
24	24	public swimming pool [or video arcade facility].
25	25	(c) The minimum term of confinement or imprisonment for an
26	26	offense otherwise punishable under Section 481.112(c), (d), (e), or
27	27	(f), 481.1121(b)(2), (3), or (4), 481.113(c), (d), or (e),
28	28	481.114(c), (d), or (e), 481.115(c), (d), (e), or (f)
29	29	[481.115(c)-(f)], 481.1151(b)(2), (3), (4), or (5), 481.116(c),
30	30	(d), or (e), 481.1161(b)(4), (5), or (6), 481.117(c), (d), or (e),
31	31	481.118(c), (d), or (e), 481.120(b)(4), (5), or (6), or
32	32	481.121(b)(4), (5), or (6) is increased by five years and the
33	33	maximum fine for the offense is doubled if it is shown on the trial
34	34	of the offense that the offense was committed:
35	35	(1) in, on, or within 500 [1,000] feet of the premises
36	36	of a school, the premises of a public or private youth center, or a
37	37	playground; or
38	38	(2) on a school bus.
39	39	(d) An offense otherwise punishable under Section
40	40	481.112(b), 481.1121(b)(1), 481.113(b), 481.114(b), [481.115(b),
41	41	481.1151(b)(1), 481.116(b),] 481.1161(b)(3), 481.120(b)(3), or
42	42	481.121(b)(3) is a felony of the third degree if it is shown on the
43	43	trial of the offense that the offense was committed:
44	44	(1) in, on, or within 500 [1,000] feet of any real
45	45	property that is owned, rented, or leased to a school or school
46	46	board, the premises of a public or private youth center, or a
47	47	playground; or
48	48	(2) on a school bus.
49	49	(e) An offense otherwise punishable under Section
50	50	[481.117(b),] 481.119(a) or [,] 481.120(b)(2)[, or 481.121(b)(2)]
51	51	is a state jail felony if it is shown on the trial of the offense
52	52	that the offense was committed:
53	53	(1) in, on, or within 500 [1,000] feet of any real
54	54	property that is owned, rented, or leased to a school or school
55	55	board, the premises of a public or private youth center, or a
56	56	playground; or
57	57	(2) on a school bus.
58	58	(f) An offense otherwise punishable under Section
59	59	[481.118(b),] 481.119(b) or [,] 481.120(b)(1)[, or 481.121(b)(1)]
60	60	is a Class A misdemeanor if it is shown on the trial of the offense
61	61	that the offense was committed:
62	62	(1) in, on, or within 500 [1,000] feet of any real
63	63	property that is owned, rented, or leased to a school or school
64	64	board, the premises of a public or private youth center, or a
65	65	playground; or
66	66	(2) on a school bus.
67	67	(i) Punishment may not be increased under this section if it
68	68	is shown on the trial of the offense that the defendant was driving
69	69	or otherwise in transit through an area described by Subsection
70	70	(b)(1) or (2), (c)(1), (d)(1), (e)(1), or (f)(1) at the time the
71	71	offense occurred.
72	72	SECTION 2. Article 18.19(d), Code of Criminal Procedure, is
73	73	amended to read as follows:
74	74	(d) A person either convicted or receiving deferred
75	75	adjudication under Chapter 46, Penal Code, is entitled to the
76	76	weapon seized upon request to the court in which the person was
77	77	convicted or placed on deferred adjudication. However, the court
78	78	entering the judgment shall order the weapon destroyed, sold at
79	79	public sale by the law enforcement agency holding the weapon or by
80	80	an auctioneer licensed under Chapter 1802, Occupations Code, or
81	81	forfeited to the state for use by the law enforcement agency holding
82	82	the weapon or by a county forensic laboratory designated by the
83	83	court if:
84	84	(1) the person does not request the weapon before the
85	85	61st day after the date of the judgment of conviction or the order
86	86	placing the person on deferred adjudication;
87	87	(2) the person has been previously convicted under
88	88	Chapter 46, Penal Code;
89	89	(3) the weapon is one defined as a prohibited weapon
90	90	under Chapter 46, Penal Code;
91	91	(4) the offense for which the person is convicted or
92	92	receives deferred adjudication was committed in or on the premises
93	93	of:
94	94	(A) a playground, school, [video arcade
95	95	facility,] or youth center, as those terms are defined by Section
96	96	481.134, Health and Safety Code; or
97	97	(B) a video arcade facility, as defined by
98	98	Article 42A.453; or
99	99	(5) the court determines based on the prior criminal
100	100	history of the defendant or based on the circumstances surrounding
101	101	the commission of the offense that possession of the seized weapon
102	102	would pose a threat to the community or one or more individuals.
103	103	SECTION 3. Article 42A.453(a), Code of Criminal Procedure,
104	104	is amended to read as follows:
105	105	(a) In this article:
106	106	(1) "Playground," [, "playground,"] "premises,"
107	107	"school," ["video arcade facility,"] and "youth center" have the
108	108	meanings assigned by Section 481.134, Health and Safety Code.
109	109	(2) "Video arcade facility" means any facility that:
110	110	(A) is open to the public, including persons who
111	111	are 17 years of age or younger;
112	112	(B) is intended primarily for the use of pinball
113	113	or video machines; and
114	114	(C) contains at least three pinball or video
115	115	machines.
116	116	SECTION 4. Article 42A.502(a), Code of Criminal Procedure,
117	117	is amended to read as follows:
118	118	(a) In this article:
119	119	(1) "Playground," [, "playground,"] "premises,"
120	120	"school," ["video arcade facility,"] and "youth center" have the
121	121	meanings assigned by Section 481.134, Health and Safety Code.
122	122	(2) "Video arcade facility" has the meaning assigned
123	123	by Article 42A.453.
124	124	SECTION 5. Section 508.187(f), Government Code, is amended
125	125	to read as follows:
126	126	(f) In this section:
127	127	(1) "Playground," [, "playground,"] "premises,"
128	128	"school," ["video arcade facility,"] and "youth center" have the
129	129	meanings assigned by Section 481.134, Health and Safety Code.
130	130	(2) "Video arcade facility" has the meaning assigned
131	131	by Article 42A.453, Code of Criminal Procedure.
132	132	SECTION 6. Section 508.225(d), Government Code, is amended
133	133	to read as follows:
134	134	(d) In this section:
135	135	(1) "Playground," [, "playground,"] "premises,"
136	136	"school," ["video arcade facility,"] and "youth center" have the
137	137	meanings assigned by Section 481.134, Health and Safety Code.
138	138	(2) "Video arcade facility" has the meaning assigned
139	139	by Article 42A.453, Code of Criminal Procedure.
140	140	SECTION 7. Section 341.906(a), Local Government Code, is
141	141	amended by amending Subdivision (2) and adding Subdivision (4) to
142	142	read as follows:
143	143	(2) "Playground," "premises," "school," ["video
144	144	arcade facility,"] and "youth center" have the meanings assigned by
145	145	Section 481.134, Health and Safety Code.
146	146	(4) "Video arcade facility" has the meaning assigned
147	147	by Article 42A.453, Code of Criminal Procedure.
148	148	SECTION 8. Section 71.028(a), Penal Code, is amended by
149	149	amending Subdivision (1) and adding Subdivision (3) to read as
150	150	follows:
151	151	(1) "Institution of higher education," "playground,"
152	152	"premises," "school," ["video arcade facility,"] and "youth
153	153	center" have the meanings assigned by Section 481.134, Health and
154	154	Safety Code.
155	155	(3) "Video arcade facility" has the meaning assigned
156	156	by Article 42A.453, Code of Criminal Procedure.
157	157	SECTION 9. Section 481.134(a)(6), Health and Safety Code,
158	158	is repealed.
159	159	SECTION 10. The changes in law made by this Act apply only
160	160	to an offense committed on or after the effective date of this Act.
161	161	An offense committed before the effective date of this Act is
162	162	governed by the law in effect on the date the offense was committed,
163	163	and the former law is continued in effect for that purpose. For
164	164	purposes of this section, an offense was committed before the
165	165	effective date of this Act if any element of the offense occurred
166	166	before that date.
167	167	SECTION 11. This Act takes effect September 1, 2019.