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.