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J

jaoper

Guest
What is the name of your state? Texas

We were raided. There is a public school in view from our home. During
the raid, an officer mentioned the school and a day care. He then
mentioned that we are in a drug free zone or school zone. I would like
to know the law regarding the distance around the school that is
considered a drug free zone. In addition, I would like any info or case
sites on drug free zones that I can get my hands on. Please direct me to
the right place or inform me. I appreciate it.
 


JETX

Senior Member
Texas Health & Safety Code:
§ 481.134. Drug-Free Zones
"(b) An offense otherwise punishable as a state jail felony under Section 481.112, 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 1,000 feet of premises owned, rented, or leased by an institution of higher learning or a playground; or
(2) in, on, or within 300 feet of the premises of a public or private youth center, public swimming pool, or video arcade facility"
Source: http://www.capitol.state.tx.us/statutes/he/he0048100.html#he064.481.134

Simply, the fact that the act was done within a 'drug-free zone' elevates it up one level in felony class.

Of interest:
http://www.cca.courts.state.tx.us/opinions/031499b.htm
 

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