Weapon Free School Zone

From the Law Office of Alison Grinter in Dallas, Texas

Any weapons offense (See Penal Code Chapter 46 offenses) is enhanced to the next higher category if it is committed in a "Weapon Free School Zone" which means within 300 feet  of a school, but it can also mean anywhere a school event is going on. The only saving grace is that the defendant must have knownthat there was a school event taking place.

Statute(s)

§ 46.11. PENALTY IF OFFENSE COMMITTED WITHIN WEAPON-FREE SCHOOL ZONE.

(a) Except as provided by Subsection (b), the punishment prescribed for an offense under this chapter is increased to the punishment prescribed for the next highest category of offense if it is shown beyond a reasonable doubt on the trial of the offense that the actor committed the offense in a place that the actor knew was:
(1) within 300 feet of the premises of a school; or
(2) on premises where:
(A) an official school function is taking place;
or
(B) an event sponsored or sanctioned by the University Interscholastic League is taking place.
(b) This section does not apply to an offense under Section 46.03(a)(1).
(c) In this section:
(1) "Institution of higher education" and "premises" have the meanings assigned by Section 481.134, Health and Safety Code.
(2) "School" means a private or public elementary or secondary school.

Added by Acts 1995, 74th Leg., ch. 320, § 1, eff. Sept. 1, 1995.
Amended by Acts 1997, 75th Leg., ch. 1063, § 10, eff. Sept. 1,
1997.