Texas 2019 - 86th Regular

Texas House Bill HB299 Compare Versions

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

Old	New	Differences
1	1	86R892 LHC-D
2	2	By: Murr H.B. No. 299
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; increasing criminal penalties.
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) and (c) and adding Subsection
12	12	(c-1) 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 1,000 feet of premises owned,
21	21	rented, or leased by an institution of higher education [learning],
22	22	the premises of a public or private youth center, or a playground;
23	23	or
24	24	(2) in, on, or within 300 feet of the premises of a
25	25	public swimming pool or video arcade facility.
26	26	(c) The minimum term of confinement or imprisonment for an
27	27	offense otherwise punishable under Section 481.112(d) [481.112(c),
28	28	(d)], (e), or (f), 481.1121(b)(3) [481.1121(b)(2), (3),] or (4),
29	29	481.113(d) [481.113(c), (d),] or (e), 481.114(d) [481.114(c),
30	30	(d),] or (e), 481.115(c), (d), (e), or (f) [481.115(c)-(f)],
31	31	481.1151(b)(2), (3), (4), or (5), 481.116(c), (d), or (e),
32	32	481.1161(b)(4), (5), or (6), 481.117(c), (d), or (e), 481.118(c),
33	33	(d), or (e), 481.120(b)(5) [481.120(b)(4), (5),] or (6), or
34	34	481.121(b)(4), (5), or (6) is increased by five years and the
35	35	maximum fine for the offense is doubled if it is shown on the trial
36	36	of the offense that the offense was committed:
37	37	(1) in, on, or within 1,000 feet of the premises of a
38	38	school, the premises of a public or private youth center, or a
39	39	playground; or
40	40	(2) on a school bus.
41	41	(c-1) An offense otherwise punishable under Section
42	42	481.112(c), 481.1121(b)(2), 481.113(c), 481.114(c), or
43	43	481.120(b)(4) is a felony of the first degree if it is shown on the
44	44	trial of the offense that the offense was committed:
45	45	(1) in, on, or within 1,000 feet of any real property
46	46	that is owned, rented, or leased to a school or school board, the
47	47	premises of a public or private youth center, or a playground; or
48	48	(2) on a school bus.
49	49	SECTION 2. Article 42A.054(a), Code of Criminal Procedure,
50	50	is amended to read as follows:
51	51	(a) Article 42A.053 does not apply to a defendant adjudged
52	52	guilty of an offense under:
53	53	(1) Section 15.03, Penal Code, if the offense is
54	54	punishable as a felony of the first degree;
55	55	(2) Section 19.02, Penal Code (Murder);
56	56	(3) Section 19.03, Penal Code (Capital Murder);
57	57	(4) Section 20.04, Penal Code (Aggravated
58	58	Kidnapping);
59	59	(5) Section 20A.02, Penal Code (Trafficking of
60	60	Persons);
61	61	(6) Section 21.11(a)(1), Penal Code (Indecency with a
62	62	Child);
63	63	(7) Section 22.011, Penal Code (Sexual Assault);
64	64	(8) Section 22.021, Penal Code (Aggravated Sexual
65	65	Assault);
66	66	(9) Section 22.04(a)(1), Penal Code (Injury to a
67	67	Child, Elderly Individual, or Disabled Individual), if:
68	68	(A) the offense is punishable as a felony of the
69	69	first degree; and
70	70	(B) the victim of the offense is a child;
71	71	(10) Section 29.03, Penal Code (Aggravated Robbery);
72	72	(11) Section 30.02, Penal Code (Burglary), if:
73	73	(A) the offense is punishable under Subsection
74	74	(d) of that section; and
75	75	(B) the actor committed the offense with the
76	76	intent to commit a felony under Section 21.02, 21.11, 22.011,
77	77	22.021, or 25.02, Penal Code;
78	78	(12) Section 43.05, Penal Code (Compelling
79	79	Prostitution);
80	80	(13) Section 43.25, Penal Code (Sexual Performance by
81	81	a Child); or
82	82	(14) Chapter 481, Health and Safety Code, for which
83	83	punishment is increased under:
84	84	(A) Section 481.140 of that code (Use of Child in
85	85	Commission of Offense); or
86	86	(B) Section 481.134(c), (c-1), (d), (e), or (f)
87	87	of that code (Drug-free Zones) if it is shown that the defendant has
88	88	been previously convicted of an offense for which punishment was
89	89	increased under any of those subsections.
90	90	SECTION 3. Article 42A.056, Code of Criminal Procedure, is
91	91	amended to read as follows:
92	92	Art. 42A.056. LIMITATION ON JURY-RECOMMENDED COMMUNITY
93	93	SUPERVISION. A defendant is not eligible for community supervision
94	94	under Article 42A.055 if the defendant:
95	95	(1) is sentenced to a term of imprisonment that
96	96	exceeds 10 years;
97	97	(2) is convicted of a state jail felony for which
98	98	suspension of the imposition of the sentence occurs automatically
99	99	under Article 42A.551;
100	100	(3) is adjudged guilty of an offense under Section
101	101	19.02, Penal Code;
102	102	(4) is convicted of an offense under Section
103	103	21.11(a)(1), 22.011, or 22.021, Penal Code, if the victim of the
104	104	offense was younger than 14 years of age at the time the offense was
105	105	committed;
106	106	(5) is convicted of an offense under Section 20.04,
107	107	Penal Code, if:
108	108	(A) the victim of the offense was younger than 14
109	109	years of age at the time the offense was committed; and
110	110	(B) the actor committed the offense with the
111	111	intent to violate or abuse the victim sexually;
112	112	(6) is convicted of an offense under Section 20A.02,
113	113	43.05, or 43.25, Penal Code; or
114	114	(7) is convicted of an offense for which punishment is
115	115	increased under Section 481.134(c), (c-1), (d), (e), or (f), Health
116	116	and Safety Code, if it is shown that the defendant has been
117	117	previously convicted of an offense for which punishment was
118	118	increased under any of those subsections.
119	119	SECTION 4. Article 42A.102(b), Code of Criminal Procedure,
120	120	is amended to read as follows:
121	121	(b) In all other cases, the judge may grant deferred
122	122	adjudication community supervision unless:
123	123	(1) the defendant is charged with an offense:
124	124	(A) under Sections 49.04-49.08, Penal Code; or
125	125	(B) for which punishment may be increased under
126	126	Section 481.134(c), (c-1), (d), (e), or (f), Health and Safety
127	127	Code, if it is shown that the defendant has been previously
128	128	convicted of an offense for which punishment was increased under
129	129	any one of those subsections;
130	130	(2) the defendant:
131	131	(A) is charged with an offense under Section
132	132	21.11, 22.011, or 22.021, Penal Code, regardless of the age of the
133	133	victim, or a felony described by Article 42A.453(b); and
134	134	(B) has previously been placed on community
135	135	supervision for an offense under Paragraph (A);
136	136	(3) the defendant is charged with an offense under:
137	137	(A) Section 21.02, Penal Code; or
138	138	(B) Section 22.021, Penal Code, that is
139	139	punishable under Subsection (f) of that section or under Section
140	140	12.42(c)(3) or (4), Penal Code; or
141	141	(4) the defendant is charged with an offense under
142	142	Section 19.02, Penal Code, except that the judge may grant deferred
143	143	adjudication community supervision on determining that the
144	144	defendant did not cause the death of the deceased, did not intend to
145	145	kill the deceased or another, and did not anticipate that a human
146	146	life would be taken.
147	147	SECTION 5. The change in law made by this Act applies only
148	148	to an offense committed on or after the effective date of this Act.
149	149	An offense committed before the effective date of this Act is
150	150	governed by the law in effect on the date the offense was committed,
151	151	and the former law is continued in effect for that purpose. For
152	152	purposes of this section, an offense was committed before the
153	153	effective date of this Act if any element of the offense was
154	154	committed before that date.
155	155	SECTION 6. This Act takes effect September 1, 2019.