86R12630 LHC-F
By: Flores S.B. No. 1457
A BILL TO BE ENTITLED
AN ACT
relating to increasing the criminal penalty for the offense of
manufacture or delivery of a substance in Penalty Group 1 of the
Texas Controlled Substances Act.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 42A.555(a), Code of Criminal Procedure,
is amended to read as follows:
(a) A judge assessing punishment in a state jail felony case
may impose as a condition of community supervision that a defendant
submit at the beginning of the period of community supervision to a
term of confinement in a state jail felony facility for a term of:
(1) not less than 90 days or more than 180 days; or
(2) not less than 90 days or more than one year, if the
defendant is convicted of an offense punishable as a state jail
felony under Section [481.112,] 481.1121, 481.113, or 481.120,
Health and Safety Code.
SECTION 2. Section 481.112(b), Health and Safety Code, is
amended to read as follows:
(b) An offense under Subsection (a) is a [state jail] felony
of the third degree if the amount of the controlled substance to
which the offense applies is, by aggregate weight, including
adulterants or dilutants, less than one gram.
SECTION 3. Sections 481.134(b), (c), and (d), Health and
Safety Code, are amended to read as follows:
(b) An offense otherwise punishable as a state jail felony
under Section [481.112,] 481.1121, 481.113, 481.114, or 481.120 is
punishable as a felony of the third degree, and an offense otherwise
punishable as a felony of the second degree under any of those
sections is punishable as a felony of the first degree, if it is
shown at the punishment phase of the trial of the offense that the
offense was committed:
(1) in, on, or within 1,000 feet of premises owned,
rented, or leased by an institution of higher learning, the
premises of a public or private youth center, or a playground; or
(2) in, on, or within 300 feet of the premises of a
public swimming pool or video arcade facility.
(c) The minimum term of confinement or imprisonment for an
offense otherwise punishable under Section 481.112(b), (c)
[481.112(c)], (d), (e), or (f), 481.1121(b)(2), (3), or (4),
481.113(c), (d), or (e), 481.114(c), (d), or (e), 481.115(c)-(f),
481.1151(b)(2), (3), (4), or (5), 481.116(c), (d), or (e),
481.1161(b)(4), (5), or (6), 481.117(c), (d), or (e), 481.118(c),
(d), or (e), 481.120(b)(4), (5), or (6), or 481.121(b)(4), (5), or
(6) is increased by five years and the maximum fine for the offense
is doubled if it is shown on the trial of the offense that the
offense was committed:
(1) in, on, or within 1,000 feet of the premises of a
school, the premises of a public or private youth center, or a
playground; or
(2) on a school bus.
(d) An offense otherwise punishable under Section
[481.112(b),] 481.1121(b)(1), 481.113(b), 481.114(b), 481.115(b),
481.1151(b)(1), 481.116(b), 481.1161(b)(3), 481.120(b)(3), or
481.121(b)(3) is a felony of the third degree if it is shown on the
trial of the offense that the offense was committed:
(1) in, on, or within 1,000 feet of any real property
that is owned, rented, or leased to a school or school board, the
premises of a public or private youth center, or a playground; or
(2) on a school bus.
SECTION 4. The change in law made by this Act applies only
to an offense committed on or after the effective date of this Act.
An offense committed before the effective date of this Act is
governed by the law in effect on the date the offense was committed,
and the former law is continued in effect for that purpose. For
purposes of this section, an offense was committed before the
effective date of this Act if any element of the offense occurred
before that date.
SECTION 5. This Act takes effect September 1, 2019.