| 1 | 1 | | 86R12630 LHC-F |
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| 2 | 2 | | By: Flores S.B. No. 1457 |
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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 increasing the criminal penalty for the offense of |
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| 8 | 8 | | manufacture or delivery of a substance in Penalty Group 1 of the |
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| 9 | 9 | | Texas Controlled Substances Act. |
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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. Article 42A.555(a), Code of Criminal Procedure, |
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| 12 | 12 | | is amended to read as follows: |
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| 13 | 13 | | (a) A judge assessing punishment in a state jail felony case |
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| 14 | 14 | | may impose as a condition of community supervision that a defendant |
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| 15 | 15 | | submit at the beginning of the period of community supervision to a |
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| 16 | 16 | | term of confinement in a state jail felony facility for a term of: |
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| 17 | 17 | | (1) not less than 90 days or more than 180 days; or |
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| 18 | 18 | | (2) not less than 90 days or more than one year, if the |
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| 19 | 19 | | defendant is convicted of an offense punishable as a state jail |
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| 20 | 20 | | felony under Section [481.112,] 481.1121, 481.113, or 481.120, |
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| 21 | 21 | | Health and Safety Code. |
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| 22 | 22 | | SECTION 2. Section 481.112(b), Health and Safety Code, is |
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| 23 | 23 | | amended to read as follows: |
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| 24 | 24 | | (b) An offense under Subsection (a) is a [state jail] felony |
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| 25 | 25 | | of the third degree if the amount of the controlled substance to |
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| 26 | 26 | | which the offense applies is, by aggregate weight, including |
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| 27 | 27 | | adulterants or dilutants, less than one gram. |
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| 28 | 28 | | SECTION 3. Sections 481.134(b), (c), and (d), Health and |
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| 29 | 29 | | Safety Code, are amended to read as follows: |
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| 30 | 30 | | (b) An offense otherwise punishable as a state jail felony |
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| 31 | 31 | | under Section [481.112,] 481.1121, 481.113, 481.114, or 481.120 is |
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| 32 | 32 | | punishable as a felony of the third degree, and an offense otherwise |
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| 33 | 33 | | punishable as a felony of the second degree under any of those |
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| 34 | 34 | | sections is punishable as a felony of the first degree, if it is |
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| 35 | 35 | | shown at the punishment phase of the trial of the offense that the |
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| 36 | 36 | | offense was committed: |
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| 37 | 37 | | (1) in, on, or within 1,000 feet of premises owned, |
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| 38 | 38 | | rented, or leased by an institution of higher learning, the |
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| 39 | 39 | | premises of a public or private youth center, or a playground; or |
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| 40 | 40 | | (2) in, on, or within 300 feet of the premises of a |
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| 41 | 41 | | public swimming pool or video arcade facility. |
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| 42 | 42 | | (c) The minimum term of confinement or imprisonment for an |
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| 43 | 43 | | offense otherwise punishable under Section 481.112(b), (c) |
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| 44 | 44 | | [481.112(c)], (d), (e), or (f), 481.1121(b)(2), (3), or (4), |
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| 45 | 45 | | 481.113(c), (d), or (e), 481.114(c), (d), or (e), 481.115(c)-(f), |
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| 46 | 46 | | 481.1151(b)(2), (3), (4), or (5), 481.116(c), (d), or (e), |
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| 47 | 47 | | 481.1161(b)(4), (5), or (6), 481.117(c), (d), or (e), 481.118(c), |
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| 48 | 48 | | (d), or (e), 481.120(b)(4), (5), or (6), or 481.121(b)(4), (5), or |
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| 49 | 49 | | (6) is increased by five years and the maximum fine for the offense |
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| 50 | 50 | | is doubled if it is shown on the trial of the offense that the |
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| 51 | 51 | | offense was committed: |
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| 52 | 52 | | (1) in, on, or within 1,000 feet of the premises of a |
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| 53 | 53 | | school, the premises of a public or private youth center, or a |
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| 54 | 54 | | playground; or |
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| 55 | 55 | | (2) on a school bus. |
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| 56 | 56 | | (d) An offense otherwise punishable under Section |
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| 57 | 57 | | [481.112(b),] 481.1121(b)(1), 481.113(b), 481.114(b), 481.115(b), |
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| 58 | 58 | | 481.1151(b)(1), 481.116(b), 481.1161(b)(3), 481.120(b)(3), or |
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| 59 | 59 | | 481.121(b)(3) is a felony of the third degree if it is shown on the |
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| 60 | 60 | | trial of the offense that the offense was committed: |
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| 61 | 61 | | (1) in, on, or within 1,000 feet of any real property |
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| 62 | 62 | | that is owned, rented, or leased to a school or school board, the |
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| 63 | 63 | | premises of a public or private youth center, or a playground; or |
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| 64 | 64 | | (2) on a school bus. |
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| 65 | 65 | | SECTION 4. The change in law made by this Act applies only |
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| 66 | 66 | | to an offense committed on or after the effective date of this Act. |
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| 67 | 67 | | An offense committed before the effective date of this Act is |
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| 68 | 68 | | governed by the law in effect on the date the offense was committed, |
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| 69 | 69 | | and the former law is continued in effect for that purpose. For |
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| 70 | 70 | | purposes of this section, an offense was committed before the |
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| 71 | 71 | | effective date of this Act if any element of the offense occurred |
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| 72 | 72 | | before that date. |
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| 73 | 73 | | SECTION 5. This Act takes effect September 1, 2019. |
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