Bill Text: TX HB208 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to the punishment for certain controlled substance offenses committed in a drug-free zone; increasing criminal penalties.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2023-02-23 - Referred to Criminal Jurisprudence [HB208 Detail]
Download: Texas-2023-HB208-Introduced.html
88R1534 LHC-D | ||
By: Murr | H.B. No. 208 |
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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 [ |
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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) [ |
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481.1123(d) [ |
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481.115(c), (d), (e), or (f) [ |
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(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) [ |
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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. |