Texas 2023 - 88th Regular

Texas House Bill HB208 Compare Versions

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Version 2 (New)

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1	1	88R1534 LHC-D
2	2	By: Murr H.B. No. 208
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. Sections 481.134(b) and (c), Health and Safety
12	12	Code, as amended by Chapters 584 (S.B. 768) and 807 (H.B. 1540),
13	13	Acts of the 87th Legislature, Regular Session, 2021, are reenacted
14	14	and amended to read as follows:
15	15	(b) An offense otherwise punishable as a state jail felony
16	16	under Section 481.112, 481.1121, 481.1123, 481.113, 481.114, or
17	17	481.120 is punishable as a felony of the third degree, an offense
18	18	otherwise punishable as a felony of the third degree under any of
19	19	those sections is punishable as a felony of the second degree, and
20	20	an offense otherwise punishable as a felony of the second degree
21	21	under any of those sections is punishable as a felony of the first
22	22	degree, if it is shown at the punishment phase of the trial of the
23	23	offense that the offense was committed:
24	24	(1) in, on, or within 1,000 feet of premises owned,
25	25	rented, or leased by an institution of higher education [learning],
26	26	the premises of a public or private youth center, or a playground;
27	27	(2) in, on, or within 300 feet of the premises of a
28	28	public swimming pool or video arcade facility; or
29	29	(3) by any unauthorized person 18 years of age or
30	30	older, in, on, or within 1,000 feet of premises owned, rented, or
31	31	leased by a general residential operation operating as a
32	32	residential treatment center.
33	33	(c) The minimum term of confinement or imprisonment for an
34	34	offense otherwise punishable under Section 481.112(d) [481.112(c),
35	35	(d)], (e), or (f), 481.1121(b)(3) [481.1121(b)(2), (3),] or (4),
36	36	481.1123(d) [481.1123(c), (d)], (e), or (f), 481.113(d)
37	37	[481.113(c), (d),] or (e), 481.114(d) [481.114(c), (d),] or (e),
38	38	481.115(c), (d), (e), or (f) [481.115(c)-(f)], 481.1151(b)(2),
39	39	(3), (4), or (5), 481.116(c), (d), or (e), 481.1161(b)(4), (5), or
40	40	(6), 481.117(c), (d), or (e), 481.118(c), (d), or (e),
41	41	481.120(b)(5) [481.120(b)(4), (5),] or (6), or 481.121(b)(4), (5),
42	42	or (6) is increased by five years and the maximum fine for the
43	43	offense is doubled if it is shown on the trial of the offense that
44	44	the offense was committed:
45	45	(1) in, on, or within 1,000 feet of the premises of a
46	46	school, the premises of a public or private youth center, or a
47	47	playground;
48	48	(2) on a school bus; or
49	49	(3) by any unauthorized person 18 years of age or
50	50	older, in, on, or within 1,000 feet of premises owned, rented, or
51	51	leased by a general residential operation operating as a
52	52	residential treatment center.
53	53	SECTION 2. Section 481.134, Health and Safety Code, is
54	54	amended by adding Subsection (c-1) to read as follows:
55	55	(c-1) An offense otherwise punishable under Section
56	56	481.112(c), 481.1121(b)(2), 481.1123(c), 481.113(c), 481.114(c),
57	57	or 481.120(b)(4) is a felony of the first degree if it is shown on
58	58	the trial of the offense that the offense was committed:
59	59	(1) in, on, or within 1,000 feet of any real property
60	60	that is owned, rented, or leased to a school or school board, the
61	61	premises of a public or private youth center, or a playground; or
62	62	(2) on a school bus.
63	63	SECTION 3. Article 42A.054(a), Code of Criminal Procedure,
64	64	is amended to read as follows:
65	65	(a) Article 42A.053 does not apply to a defendant adjudged
66	66	guilty of an offense under:
67	67	(1) Section 15.03, Penal Code, if the offense is
68	68	punishable as a felony of the first degree;
69	69	(2) Section 19.02, Penal Code (Murder);
70	70	(3) Section 19.03, Penal Code (Capital Murder);
71	71	(4) Section 20.04, Penal Code (Aggravated
72	72	Kidnapping);
73	73	(5) Section 20A.02, Penal Code (Trafficking of
74	74	Persons);
75	75	(6) Section 20A.03, Penal Code (Continuous
76	76	Trafficking of Persons);
77	77	(7) Section 21.11, Penal Code (Indecency with a
78	78	Child);
79	79	(8) Section 22.011, Penal Code (Sexual Assault);
80	80	(9) Section 22.021, Penal Code (Aggravated Sexual
81	81	Assault);
82	82	(10) Section 22.04(a)(1), Penal Code (Injury to a
83	83	Child, Elderly Individual, or Disabled Individual), if:
84	84	(A) the offense is punishable as a felony of the
85	85	first degree; and
86	86	(B) the victim of the offense is a child;
87	87	(11) Section 29.03, Penal Code (Aggravated Robbery);
88	88	(12) Section 30.02, Penal Code (Burglary), if:
89	89	(A) the offense is punishable under Subsection
90	90	(d) of that section; and
91	91	(B) the actor committed the offense with the
92	92	intent to commit a felony under Section 21.02, 21.11, 22.011,
93	93	22.021, or 25.02, Penal Code;
94	94	(13) Section 43.04, Penal Code (Aggravated Promotion
95	95	of Prostitution);
96	96	(14) Section 43.05, Penal Code (Compelling
97	97	Prostitution);
98	98	(15) Section 43.25, Penal Code (Sexual Performance by
99	99	a Child);
100	100	(16) Chapter 481, Health and Safety Code, for which
101	101	punishment is increased under:
102	102	(A) Section 481.140 of that code (Use of Child in
103	103	Commission of Offense); or
104	104	(B) Section 481.134(c), (c-1), (d), (e), or (f)
105	105	of that code (Drug-free Zones) if it is shown that the defendant has
106	106	been previously convicted of an offense for which punishment was
107	107	increased under any of those subsections; or
108	108	(17) Section 481.1123, Health and Safety Code
109	109	(Manufacture or Delivery of Substance in Penalty Group 1-B), if the
110	110	offense is punishable under Subsection (d), (e), or (f) of that
111	111	section.
112	112	SECTION 4. Article 42A.056, Code of Criminal Procedure, is
113	113	amended to read as follows:
114	114	Art. 42A.056. LIMITATION ON JURY-RECOMMENDED COMMUNITY
115	115	SUPERVISION. A defendant is not eligible for community supervision
116	116	under Article 42A.055 if the defendant:
117	117	(1) is sentenced to a term of imprisonment that
118	118	exceeds 10 years;
119	119	(2) is convicted of a state jail felony for which
120	120	suspension of the imposition of the sentence occurs automatically
121	121	under Article 42A.551;
122	122	(3) is adjudged guilty of an offense under Section
123	123	19.02, Penal Code;
124	124	(4) is convicted of an offense under Section 21.11,
125	125	22.011, or 22.021, Penal Code, if the victim of the offense was
126	126	younger than 14 years of age at the time the offense was committed;
127	127	(5) is convicted of an offense under Section 20.04,
128	128	Penal Code, if:
129	129	(A) the victim of the offense was younger than 14
130	130	years of age at the time the offense was committed; and
131	131	(B) the actor committed the offense with the
132	132	intent to violate or abuse the victim sexually;
133	133	(6) is convicted of an offense under Section 20A.02,
134	134	20A.03, 43.04, 43.05, or 43.25, Penal Code;
135	135	(7) is convicted of an offense for which punishment is
136	136	increased under Section 481.134(c), (c-1), (d), (e), or (f), Health
137	137	and Safety Code, if it is shown that the defendant has been
138	138	previously convicted of an offense for which punishment was
139	139	increased under any of those subsections; or
140	140	(8) is convicted of an offense under Section 481.1123,
141	141	Health and Safety Code, if the offense is punishable under
142	142	Subsection (d), (e), or (f) of that section.
143	143	SECTION 5. Article 42A.102(b), Code of Criminal Procedure,
144	144	is amended to read as follows:
145	145	(b) In all other cases, the judge may grant deferred
146	146	adjudication community supervision unless:
147	147	(1) the defendant is charged with an offense:
148	148	(A) under Section 20A.02, 20A.03, 49.045, 49.05,
149	149	49.065, 49.07, or 49.08, Penal Code;
150	150	(B) under Section 49.04 or 49.06, Penal Code,
151	151	and, at the time of the offense:
152	152	(i) the defendant held a commercial
153	153	driver's license or a commercial learner's permit; or
154	154	(ii) the defendant's alcohol concentration,
155	155	as defined by Section 49.01, Penal Code, was 0.15 or more;
156	156	(C) for which punishment may be increased under
157	157	Section 49.09, Penal Code;
158	158	(D) for which punishment may be increased under
159	159	Section 481.134(c), (c-1), (d), (e), or (f), Health and Safety
160	160	Code, if it is shown that the defendant has been previously
161	161	convicted of an offense for which punishment was increased under
162	162	any one of those subsections; or
163	163	(E) under Section 481.1123, Health and Safety
164	164	Code, that is punishable under Subsection (d), (e), or (f) of that
165	165	section;
166	166	(2) the defendant:
167	167	(A) is charged with an offense under Section
168	168	21.11, 22.011, 22.021, 43.04, or 43.05, Penal Code, regardless of
169	169	the age of the victim, or a felony described by Article 42A.453(b),
170	170	other than a felony described by Subdivision (1)(A) or (3)(B) of
171	171	this subsection; and
172	172	(B) has previously been placed on community
173	173	supervision for an offense under Paragraph (A);
174	174	(3) the defendant is charged with an offense under:
175	175	(A) Section 21.02, Penal Code; or
176	176	(B) Section 22.021, Penal Code, that is
177	177	punishable under Subsection (f) of that section or under Section
178	178	12.42(c)(3) or (4), Penal Code; or
179	179	(4) the defendant is charged with an offense under
180	180	Section 19.02, Penal Code, except that the judge may grant deferred
181	181	adjudication community supervision on determining that the
182	182	defendant did not cause the death of the deceased, did not intend to
183	183	kill the deceased or another, and did not anticipate that a human
184	184	life would be taken.
185	185	SECTION 6. The change in law made by this Act applies only
186	186	to an offense committed on or after the effective date of this
187	187	Act. An offense committed before the effective date of this Act is
188	188	governed by the law in effect on the date the offense was committed,
189	189	and the former law is continued in effect for that purpose. For
190	190	purposes of this section, an offense was committed before the
191	191	effective date of this Act if any element of the offense was
192	192	committed before that date.
193	193	SECTION 7. This Act takes effect September 1, 2023.