88R1534 LHC-D
By: Murr H.B. No. 208
A BILL TO BE ENTITLED
AN ACT
relating to the punishment for certain controlled substance
offenses committed in a drug-free zone; increasing criminal
penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 481.134(b) and (c), Health and Safety
Code, as amended by Chapters 584 (S.B. 768) and 807 (H.B. 1540),
Acts of the 87th Legislature, Regular Session, 2021, are reenacted
and amended to read as follows:
(b) An offense otherwise punishable as a state jail felony
under Section 481.112, 481.1121, 481.1123, 481.113, 481.114, or
481.120 is punishable as a felony of the third degree, an offense
otherwise punishable as a felony of the third degree under any of
those sections is punishable as a felony of the second 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 education [learning],
the premises of a public or private youth center, or a playground;
(2) in, on, or within 300 feet of the premises of a
public swimming pool or video arcade facility; or
(3) by any unauthorized person 18 years of age or
older, in, on, or within 1,000 feet of premises owned, rented, or
leased by a general residential operation operating as a
residential treatment center.
(c) The minimum term of confinement or imprisonment for an
offense otherwise punishable under Section 481.112(d) [481.112(c),
(d)], (e), or (f), 481.1121(b)(3) [481.1121(b)(2), (3),] or (4),
481.1123(d) [481.1123(c), (d)], (e), or (f), 481.113(d)
[481.113(c), (d),] or (e), 481.114(d) [481.114(c), (d),] or (e),
481.115(c), (d), (e), or (f) [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)(5) [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;
(2) on a school bus; or
(3) by any unauthorized person 18 years of age or
older, in, on, or within 1,000 feet of premises owned, rented, or
leased by a general residential operation operating as a
residential treatment center.
SECTION 2. Section 481.134, Health and Safety Code, is
amended by adding Subsection (c-1) to read as follows:
(c-1) An offense otherwise punishable under Section
481.112(c), 481.1121(b)(2), 481.1123(c), 481.113(c), 481.114(c),
or 481.120(b)(4) is a felony of the first 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 3. Article 42A.054(a), Code of Criminal Procedure,
is amended to read as follows:
(a) Article 42A.053 does not apply to a defendant adjudged
guilty of an offense under:
(1) Section 15.03, Penal Code, if the offense is
punishable as a felony of the first degree;
(2) Section 19.02, Penal Code (Murder);
(3) Section 19.03, Penal Code (Capital Murder);
(4) Section 20.04, Penal Code (Aggravated
Kidnapping);
(5) Section 20A.02, Penal Code (Trafficking of
Persons);
(6) Section 20A.03, Penal Code (Continuous
Trafficking of Persons);
(7) Section 21.11, Penal Code (Indecency with a
Child);
(8) Section 22.011, Penal Code (Sexual Assault);
(9) Section 22.021, Penal Code (Aggravated Sexual
Assault);
(10) Section 22.04(a)(1), Penal Code (Injury to a
Child, Elderly Individual, or Disabled Individual), if:
(A) the offense is punishable as a felony of the
first degree; and
(B) the victim of the offense is a child;
(11) Section 29.03, Penal Code (Aggravated Robbery);
(12) Section 30.02, Penal Code (Burglary), if:
(A) the offense is punishable under Subsection
(d) of that section; and
(B) the actor committed the offense with the
intent to commit a felony under Section 21.02, 21.11, 22.011,
22.021, or 25.02, Penal Code;
(13) Section 43.04, Penal Code (Aggravated Promotion
of Prostitution);
(14) Section 43.05, Penal Code (Compelling
Prostitution);
(15) Section 43.25, Penal Code (Sexual Performance by
a Child);
(16) Chapter 481, Health and Safety Code, for which
punishment is increased under:
(A) Section 481.140 of that code (Use of Child in
Commission of Offense); or
(B) Section 481.134(c), (c-1), (d), (e), or (f)
of that code (Drug-free Zones) if it is shown that the defendant has
been previously convicted of an offense for which punishment was
increased under any of those subsections; or
(17) Section 481.1123, Health and Safety Code
(Manufacture or Delivery of Substance in Penalty Group 1-B), if the
offense is punishable under Subsection (d), (e), or (f) of that
section.
SECTION 4. Article 42A.056, Code of Criminal Procedure, is
amended to read as follows:
Art. 42A.056. LIMITATION ON JURY-RECOMMENDED COMMUNITY
SUPERVISION. A defendant is not eligible for community supervision
under Article 42A.055 if the defendant:
(1) is sentenced to a term of imprisonment that
exceeds 10 years;
(2) is convicted of a state jail felony for which
suspension of the imposition of the sentence occurs automatically
under Article 42A.551;
(3) is adjudged guilty of an offense under Section
19.02, Penal Code;
(4) is convicted of an offense under Section 21.11,
22.011, or 22.021, Penal Code, if the victim of the offense was
younger than 14 years of age at the time the offense was committed;
(5) is convicted of an offense under Section 20.04,
Penal Code, if:
(A) the victim of the offense was younger than 14
years of age at the time the offense was committed; and
(B) the actor committed the offense with the
intent to violate or abuse the victim sexually;
(6) is convicted of an offense under Section 20A.02,
20A.03, 43.04, 43.05, or 43.25, Penal Code;
(7) is convicted of an offense for which punishment is
increased under Section 481.134(c), (c-1), (d), (e), or (f), Health
and Safety Code, if it is shown that the defendant has been
previously convicted of an offense for which punishment was
increased under any of those subsections; or
(8) is convicted of an offense under Section 481.1123,
Health and Safety Code, if the offense is punishable under
Subsection (d), (e), or (f) of that section.
SECTION 5. Article 42A.102(b), Code of Criminal Procedure,
is amended to read as follows:
(b) In all other cases, the judge may grant deferred
adjudication community supervision unless:
(1) the defendant is charged with an offense:
(A) under Section 20A.02, 20A.03, 49.045, 49.05,
49.065, 49.07, or 49.08, Penal Code;
(B) under Section 49.04 or 49.06, Penal Code,
and, at the time of the offense:
(i) the defendant held a commercial
driver's license or a commercial learner's permit; or
(ii) the defendant's alcohol concentration,
as defined by Section 49.01, Penal Code, was 0.15 or more;
(C) for which punishment may be increased under
Section 49.09, Penal Code;
(D) for which punishment may be increased under
Section 481.134(c), (c-1), (d), (e), or (f), Health and Safety
Code, if it is shown that the defendant has been previously
convicted of an offense for which punishment was increased under
any one of those subsections; or
(E) under Section 481.1123, Health and Safety
Code, that is punishable under Subsection (d), (e), or (f) of that
section;
(2) the defendant:
(A) is charged with an offense under Section
21.11, 22.011, 22.021, 43.04, or 43.05, Penal Code, regardless of
the age of the victim, or a felony described by Article 42A.453(b),
other than a felony described by Subdivision (1)(A) or (3)(B) of
this subsection; and
(B) has previously been placed on community
supervision for an offense under Paragraph (A);
(3) the defendant is charged with an offense under:
(A) Section 21.02, Penal Code; or
(B) Section 22.021, Penal Code, that is
punishable under Subsection (f) of that section or under Section
12.42(c)(3) or (4), Penal Code; or
(4) the defendant is charged with an offense under
Section 19.02, Penal Code, except that the judge may grant deferred
adjudication community supervision on determining that the
defendant did not cause the death of the deceased, did not intend to
kill the deceased or another, and did not anticipate that a human
life would be taken.
SECTION 6. 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 was
committed before that date.
SECTION 7. This Act takes effect September 1, 2023.