Texas Penal Code 71.028 – Gang-Free Zones
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(a) In this section:
(1) “General residential operation” has the meaning assigned by § 42.002, Human Resources Code.
(2) “Institution of higher education,” “playground,” “premises,” “school,” “video arcade facility,” and “youth center” have the meanings assigned by § 481.134, Health and Safety Code.
(3) “Shopping mall” means an enclosed public walkway or hall area that connects retail, service, or professional establishments.
(b) This section applies to an offense listed in § 71.02(a)(1), (4), or (7), other than burglary, theft, burglary of a motor vehicle, or unauthorized use of a motor vehicle.
Terms Used In Texas Penal Code 71.028
- Actor: means a person whose criminal responsibility is in issue in a criminal action. See Texas Penal Code 1.07
- Felony: means an offense so designated by law or punishable by death or confinement in a penitentiary. See Texas Penal Code 1.07
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(c) Except as provided by Subsection (d), the punishment prescribed for an offense described by Subsection (b) is increased to the punishment prescribed for the next highest category of offense if the actor is 17 years of age or older and it is shown beyond a reasonable doubt on the trial of the offense that the actor committed the offense at a location that was:
(1) in, on, or within 1,000 feet of any:
(A) real property that is owned, rented, or leased by a school or school board;
(B) premises owned, rented, or leased by an institution of higher education;
(C) premises of a public or private youth center;
(D) playground; or
(E) general residential operation operating as a residential treatment center;
(2) in, on, or within 300 feet of any:
(A) shopping mall;
(B) movie theater;
(C) premises of a public swimming pool; or
(D) premises of a video arcade facility; or
(3) on a school bus.
(d) The punishment for an offense described by Subsection (b) may not be increased under this section if the offense is punishable under § 71.02 as a felony of the first degree.