Bill Text: TX HB2146 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to the punishment of certain controlled substance offenses committed in a drug-free zone.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2021-05-11 - Committee report sent to Calendars [HB2146 Detail]
Download: Texas-2021-HB2146-Introduced.html
87R1411 GCB-F | ||
By: Allen | H.B. No. 2146 |
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relating to the punishment of certain controlled substance offenses | ||
committed in a drug-free zone. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 481.134, Health and Safety Code, is | ||
amended by amending Subsections (b), (c), (d), (e), and (f) and | ||
adding Subsection (i) to read as follows: | ||
(b) An offense otherwise punishable as a state jail felony | ||
under Section 481.112, 481.1121, 481.113, 481.114, or 481.120 is | ||
punishable as a felony of the third 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 500 [ |
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owned, rented, or leased by an institution of higher learning, the | ||
premises of a public or private youth center, or a playground; or | ||
(2) in, on, or within 300 feet of the premises of a | ||
public swimming pool [ |
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(c) The minimum term of confinement or imprisonment for an | ||
offense otherwise punishable under Section 481.112(c), (d), (e), or | ||
(f), 481.1121(b)(2), (3), or (4), 481.113(c), (d), or (e), | ||
481.114(c), (d), or (e), 481.115(c), (d), (e), or (f) | ||
[ |
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(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)(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 500 [ |
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of a school, the premises of a public or private youth center, or a | ||
playground; or | ||
(2) on a school bus. | ||
(d) An offense otherwise punishable under Section | ||
481.112(b), 481.1121(b)(1), 481.113(b), 481.114(b), [ |
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481.121(b)(3) is a felony of the third degree if it is shown on the | ||
trial of the offense that the offense was committed: | ||
(1) in, on, or within 500 [ |
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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. | ||
(e) An offense otherwise punishable under Section | ||
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is a state jail felony if it is shown on the trial of the offense | ||
that the offense was committed: | ||
(1) in, on, or within 500 [ |
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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. | ||
(f) An offense otherwise punishable under Section | ||
[ |
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is a Class A misdemeanor if it is shown on the trial of the offense | ||
that the offense was committed: | ||
(1) in, on, or within 500 [ |
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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. | ||
(i) Punishment may not be increased under this section if it | ||
is shown on the trial of the offense that the defendant was driving | ||
or otherwise in transit through an area described by Subsection | ||
(b)(1) or (2), (c)(1), (d)(1), (e)(1), or (f)(1) at the time the | ||
offense occurred. | ||
SECTION 2. Article 18.19(d), Code of Criminal Procedure, is | ||
amended to read as follows: | ||
(d) A person either convicted or receiving deferred | ||
adjudication under Chapter 46, Penal Code, is entitled to the | ||
weapon seized upon request to the court in which the person was | ||
convicted or placed on deferred adjudication. However, the court | ||
entering the judgment shall order the weapon destroyed, sold at | ||
public sale by the law enforcement agency holding the weapon or by | ||
an auctioneer licensed under Chapter 1802, Occupations Code, or | ||
forfeited to the state for use by the law enforcement agency holding | ||
the weapon or by a county forensic laboratory designated by the | ||
court if: | ||
(1) the person does not request the weapon before the | ||
61st day after the date of the judgment of conviction or the order | ||
placing the person on deferred adjudication; | ||
(2) the person has been previously convicted under | ||
Chapter 46, Penal Code; | ||
(3) the weapon is one defined as a prohibited weapon | ||
under Chapter 46, Penal Code; | ||
(4) the offense for which the person is convicted or | ||
receives deferred adjudication was committed in or on the premises | ||
of: | ||
(A) a playground, school, [ |
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481.134, Health and Safety Code; or | ||
(B) a video arcade facility, as defined by | ||
Article 42A.453; or | ||
(5) the court determines based on the prior criminal | ||
history of the defendant or based on the circumstances surrounding | ||
the commission of the offense that possession of the seized weapon | ||
would pose a threat to the community or one or more individuals. | ||
SECTION 3. Article 42A.453(a), Code of Criminal Procedure, | ||
is amended to read as follows: | ||
(a) In this article: | ||
(1) "Playground,"[ |
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"school," [ |
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meanings assigned by Section 481.134, Health and Safety Code. | ||
(2) "Video arcade facility" means any facility that: | ||
(A) is open to the public, including persons who | ||
are 17 years of age or younger; | ||
(B) is intended primarily for the use of pinball | ||
or video machines; and | ||
(C) contains at least three pinball or video | ||
machines. | ||
SECTION 4. Article 42A.502(a), Code of Criminal Procedure, | ||
is amended to read as follows: | ||
(a) In this article: | ||
(1) "Playground,"[ |
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"school," [ |
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meanings assigned by Section 481.134, Health and Safety Code. | ||
(2) "Video arcade facility" has the meaning assigned | ||
by Article 42A.453. | ||
SECTION 5. Section 508.187(f), Government Code, is amended | ||
to read as follows: | ||
(f) In this section: | ||
(1) "Playground,"[ |
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"school," [ |
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meanings assigned by Section 481.134, Health and Safety Code. | ||
(2) "Video arcade facility" has the meaning assigned | ||
by Article 42A.453, Code of Criminal Procedure. | ||
SECTION 6. Section 508.225(d), Government Code, is amended | ||
to read as follows: | ||
(d) In this section: | ||
(1) "Playground,"[ |
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"school," [ |
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meanings assigned by Section 481.134, Health and Safety Code. | ||
(2) "Video arcade facility" has the meaning assigned | ||
by Article 42A.453, Code of Criminal Procedure. | ||
SECTION 7. Section 341.906(a), Local Government Code, is | ||
amended by amending Subdivision (2) and adding Subdivision (4) to | ||
read as follows: | ||
(2) "Playground," "premises," "school," [ |
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Section 481.134, Health and Safety Code. | ||
(4) "Video arcade facility" has the meaning assigned | ||
by Article 42A.453, Code of Criminal Procedure. | ||
SECTION 8. Section 71.028(a), Penal Code, is amended by | ||
amending Subdivision (1) and adding Subdivision (3) to read as | ||
follows: | ||
(1) "Institution of higher education," "playground," | ||
"premises," "school," [ |
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center" have the meanings assigned by Section 481.134, Health and | ||
Safety Code. | ||
(3) "Video arcade facility" has the meaning assigned | ||
by Article 42A.453, Code of Criminal Procedure. | ||
SECTION 9. Section 481.134(a)(6), Health and Safety Code, | ||
is repealed. | ||
SECTION 10. The changes in law made by this Act apply 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 occurred | ||
before that date. | ||
SECTION 11. This Act takes effect September 1, 2021. |