Texas 2021 - 87th Regular

Texas House Bill HB239 Compare Versions

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

Old	New	Differences
1	1	87R522 LHC-D
2	2	By: Murr H.B. No. 239
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the punishment for certain controlled substance
8	8	offenses committed in a drug-free zone; increasing criminal
9	9	penalties.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 481.134, Health and Safety Code, is
12	12	amended by amending Subsections (b) and (c) and adding Subsection
13	13	(c-1) to read as follows:
14	14	(b) An offense otherwise punishable as a state jail felony
15	15	under Section 481.112, 481.1121, 481.113, 481.114, or 481.120 is
16	16	punishable as a felony of the third degree, and an offense otherwise
17	17	punishable as a felony of the second degree under any of those
18	18	sections is punishable as a felony of the first degree, if it is
19	19	shown at the punishment phase of the trial of the offense that the
20	20	offense was committed:
21	21	(1) in, on, or within 1,000 feet of premises owned,
22	22	rented, or leased by an institution of higher education [learning],
23	23	the premises of a public or private youth center, or a playground;
24	24	or
25	25	(2) in, on, or within 300 feet of the premises of a
26	26	public swimming pool or video arcade facility.
27	27	(c) The minimum term of confinement or imprisonment for an
28	28	offense otherwise punishable under Section 481.112(d) [481.112(c),
29	29	(d)], (e), or (f), 481.1121(b)(3) [481.1121(b)(2), (3),] or (4),
30	30	481.113(d) [481.113(c), (d),] or (e), 481.114(d) [481.114(c),
31	31	(d),] or (e), 481.115(c), (d), (e), or (f) [481.115(c)-(f)],
32	32	481.1151(b)(2), (3), (4), or (5), 481.116(c), (d), or (e),
33	33	481.1161(b)(4), (5), or (6), 481.117(c), (d), or (e), 481.118(c),
34	34	(d), or (e), 481.120(b)(5) [481.120(b)(4), (5),] or (6), or
35	35	481.121(b)(4), (5), or (6) is increased by five years and the
36	36	maximum fine for the offense is doubled if it is shown on the trial
37	37	of the offense that the offense was committed:
38	38	(1) in, on, or within 1,000 feet of the premises of a
39	39	school, the premises of a public or private youth center, or a
40	40	playground; or
41	41	(2) on a school bus.
42	42	(c-1) An offense otherwise punishable under Section
43	43	481.112(c), 481.1121(b)(2), 481.113(c), 481.114(c), or
44	44	481.120(b)(4) is a felony of the first degree if it is shown on the
45	45	trial of the offense that the offense was committed:
46	46	(1) in, on, or within 1,000 feet of any real property
47	47	that is owned, rented, or leased to a school or school board, the
48	48	premises of a public or private youth center, or a playground; or
49	49	(2) on a school bus.
50	50	SECTION 2. Article 42A.054(a), Code of Criminal Procedure,
51	51	is amended to read as follows:
52	52	(a) Article 42A.053 does not apply to a defendant adjudged
53	53	guilty of an offense under:
54	54	(1) Section 15.03, Penal Code, if the offense is
55	55	punishable as a felony of the first degree;
56	56	(2) Section 19.02, Penal Code (Murder);
57	57	(3) Section 19.03, Penal Code (Capital Murder);
58	58	(4) Section 20.04, Penal Code (Aggravated
59	59	Kidnapping);
60	60	(5) Section 20A.02, Penal Code (Trafficking of
61	61	Persons);
62	62	(6) Section 20A.03, Penal Code (Continuous
63	63	Trafficking of Persons);
64	64	(7) Section 21.11, Penal Code (Indecency with a
65	65	Child);
66	66	(8) Section 22.011, Penal Code (Sexual Assault);
67	67	(9) Section 22.021, Penal Code (Aggravated Sexual
68	68	Assault);
69	69	(10) Section 22.04(a)(1), Penal Code (Injury to a
70	70	Child, Elderly Individual, or Disabled Individual), if:
71	71	(A) the offense is punishable as a felony of the
72	72	first degree; and
73	73	(B) the victim of the offense is a child;
74	74	(11) Section 29.03, Penal Code (Aggravated Robbery);
75	75	(12) Section 30.02, Penal Code (Burglary), if:
76	76	(A) the offense is punishable under Subsection
77	77	(d) of that section; and
78	78	(B) the actor committed the offense with the
79	79	intent to commit a felony under Section 21.02, 21.11, 22.011,
80	80	22.021, or 25.02, Penal Code;
81	81	(13) Section 43.04, Penal Code (Aggravated Promotion
82	82	of Prostitution);
83	83	(14) Section 43.05, Penal Code (Compelling
84	84	Prostitution);
85	85	(15) Section 43.25, Penal Code (Sexual Performance by
86	86	a Child); or
87	87	(16) Chapter 481, Health and Safety Code, for which
88	88	punishment is increased under:
89	89	(A) Section 481.140 of that code (Use of Child in
90	90	Commission of Offense); or
91	91	(B) Section 481.134(c), (c-1), (d), (e), or (f)
92	92	of that code (Drug-free Zones) if it is shown that the defendant has
93	93	been previously convicted of an offense for which punishment was
94	94	increased under any of those subsections.
95	95	SECTION 3. Article 42A.056, Code of Criminal Procedure, is
96	96	amended to read as follows:
97	97	Art. 42A.056. LIMITATION ON JURY-RECOMMENDED COMMUNITY
98	98	SUPERVISION. A defendant is not eligible for community supervision
99	99	under Article 42A.055 if the defendant:
100	100	(1) is sentenced to a term of imprisonment that
101	101	exceeds 10 years;
102	102	(2) is convicted of a state jail felony for which
103	103	suspension of the imposition of the sentence occurs automatically
104	104	under Article 42A.551;
105	105	(3) is adjudged guilty of an offense under Section
106	106	19.02, Penal Code;
107	107	(4) is convicted of an offense under Section 21.11,
108	108	22.011, or 22.021, Penal Code, if the victim of the offense was
109	109	younger than 14 years of age at the time the offense was committed;
110	110	(5) is convicted of an offense under Section 20.04,
111	111	Penal Code, if:
112	112	(A) the victim of the offense was younger than 14
113	113	years of age at the time the offense was committed; and
114	114	(B) the actor committed the offense with the
115	115	intent to violate or abuse the victim sexually;
116	116	(6) is convicted of an offense under Section 20A.02,
117	117	20A.03, 43.04, 43.05, or 43.25, Penal Code; or
118	118	(7) is convicted of an offense for which punishment is
119	119	increased under Section 481.134(c), (c-1), (d), (e), or (f), Health
120	120	and Safety Code, if it is shown that the defendant has been
121	121	previously convicted of an offense for which punishment was
122	122	increased under any of those subsections.
123	123	SECTION 4. Article 42A.102(b), Code of Criminal Procedure,
124	124	as amended by Chapters 1137 (H.B. 2758) and 1298 (H.B. 3582), Acts
125	125	of the 86th Legislature, Regular Session, 2019, is reenacted and
126	126	amended to read as follows:
127	127	(b) In all other cases, the judge may grant deferred
128	128	adjudication community supervision unless:
129	129	(1) the defendant is charged with an offense:
130	130	(A) under Section 20A.02, [or] 20A.03, [or]
131	131	49.045, 49.05, 49.065, 49.07, or 49.08, Penal Code;
132	132	(B) under Section 49.04 or 49.06, Penal Code,
133	133	and, at the time of the offense:
134	134	(i) the defendant held a commercial
135	135	driver's license or a commercial learner's permit; or
136	136	(ii) the defendant's alcohol concentration,
137	137	as defined by Section 49.01, Penal Code, was 0.15 or more;
138	138	(C) for which punishment may be increased under
139	139	Section 49.09, Penal Code; or
140	140	(D) for which punishment may be increased under
141	141	Section 481.134(c), (c-1), (d), (e), or (f), Health and Safety
142	142	Code, if it is shown that the defendant has been previously
143	143	convicted of an offense for which punishment was increased under
144	144	any one of those subsections;
145	145	(2) the defendant:
146	146	(A) is charged with an offense under Section
147	147	21.11, 22.011, 22.021, 43.04, or 43.05, Penal Code, regardless of
148	148	the age of the victim, or a felony described by Article 42A.453(b),
149	149	other than a felony described by Subdivision (1)(A) or (3)(B) of
150	150	this subsection; and
151	151	(B) has previously been placed on community
152	152	supervision for an offense under Paragraph (A);
153	153	(3) the defendant is charged with an offense under:
154	154	(A) Section 21.02, Penal Code; or
155	155	(B) Section 22.021, Penal Code, that is
156	156	punishable under Subsection (f) of that section or under Section
157	157	12.42(c)(3) or (4), Penal Code; or
158	158	(4) the defendant is charged with an offense under
159	159	Section 19.02, Penal Code, except that the judge may grant deferred
160	160	adjudication community supervision on determining that the
161	161	defendant did not cause the death of the deceased, did not intend to
162	162	kill the deceased or another, and did not anticipate that a human
163	163	life would be taken.
164	164	SECTION 5. The change in law made by this Act applies only
165	165	to an offense committed on or after the effective date of this Act.
166	166	An offense committed before the effective date of this Act is
167	167	governed by the law in effect on the date the offense was committed,
168	168	and the former law is continued in effect for that purpose. For
169	169	purposes of this section, an offense was committed before the
170	170	effective date of this Act if any element of the offense was
171	171	committed before that date.
172	172	SECTION 6. This Act takes effect September 1, 2021.