Texas Penal Code - Section 38.11. Prohibited Substances And Items In Adult Or Juvenile Correctional Or Detention Facility Or On Property Of Texas Department Of Criminal Justice Or Texas Youth Commission
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§ 38.11. PROHIBITED SUBSTANCES AND ITEMS IN ADULT OR
JUVENILE CORRECTIONAL OR DETENTION FACILITY OR ON PROPERTY OF TEXAS
DEPARTMENT OF CRIMINAL JUSTICE OR TEXAS YOUTH COMMISSION. (a) A
person commits an offense if the person provides:
(1) an alcoholic beverage, controlled substance, or
dangerous drug to an inmate of a correctional facility or to a
person in the custody of a secure correctional facility or secure
detention facility for juveniles, except on the prescription of a
physician or practitioner, as defined in Section 551.003,
Occupations Code;
(2) a deadly weapon to an inmate of a correctional
facility or to a person in the custody of a secure correctional
facility or secure detention facility for juveniles;
(3) a cellular telephone or other wireless
communications device or a component of one of those devices,
cigarette, tobacco product, or money to an inmate of a correctional
facility operated by or under contract with the Texas Department of
Criminal Justice or to a person in the custody of a secure
correctional facility or secure detention facility for juveniles,
except for money that is provided for the benefit of the juvenile in
accordance with facility rules;
(4) a cellular telephone or money to a person confined
in a local jail regulated by the Commission on Jail Standards; or
(5) a cigarette or tobacco product to a person
confined in a local jail regulated by the Commission on Jail
Standards and in providing the cigarette or tobacco product the
person violates a rule or regulation adopted by the sheriff or jail
administrator that:
(A) prohibits the possession of a cigarette or
tobacco product by an inmate confined in the jail; or
(B) places restrictions on:
(i) the possession of a cigarette or
tobacco product by an inmate confined in the jail; or
(ii) the manner in which a cigarette or
tobacco product may be provided to an inmate confined in the jail.
(b) A person commits an offense if the person takes an
alcoholic beverage, controlled substance, or dangerous drug into a
correctional facility or a secure correctional facility or secure
detention facility for juveniles, except for delivery to a facility
warehouse, pharmacy, or physician.
(c) A person commits an offense if the person takes a
controlled substance or dangerous drug on property owned, used, or
controlled by the Texas Department of Criminal Justice, the Texas
Youth Commission, or a secure correctional facility or secure
detention facility for juveniles, except for delivery to a
warehouse, pharmacy, or physician on property owned, used, or
controlled by the department, the commission, or the facility.
(d) A person commits an offense if the person:
(1) possesses a controlled substance or dangerous drug
while:
(A) on property owned, used, or controlled by the
Texas Department of Criminal Justice, the Texas Youth Commission,
or a secure correctional facility or secure detention facility for
juveniles; or
(B) in a correctional facility or a secure
correctional facility or secure detention facility for juveniles;
or
(2) possesses a deadly weapon while in a correctional
facility or in a secure correctional facility or secure detention
facility for juveniles.
(e) It is an affirmative defense to prosecution under
Subsection (d)(1) of this section that the person possessed the
controlled substance or dangerous drug pursuant to a prescription
issued by a practitioner or while delivering the substance or drug
to a warehouse, pharmacy, or physician on property owned, used, or
controlled by the department, the Texas Youth Commission, or by the
operator of a secure correctional facility or secure detention
facility for juveniles. It is an affirmative defense to
prosecution under Subsection (d)(2) of this section that the person
possessing the deadly weapon is a peace officer or is an officer or
employee of the correctional facility authorized to possess the
deadly weapon while on duty or traveling to or from the person's
place of assignment.
(f) In this section:
(1) "Practitioner" has the meaning assigned by Section
481.002, Health and Safety Code.
(2) "Prescription" has the meaning assigned by Section
481.002, Health and Safety Code.
(3) "Cigarette" has the meaning assigned by Section
154.001, Tax Code.
(4) "Tobacco product" has the meaning assigned by
Section 155.001, Tax Code.
(5) "Secure correctional facility" and "secure
detention facility" have the meanings assigned by Section 51.02,
Family Code.
(g) An offense under this section is a felony of the third
degree.
(h) Notwithstanding Section 15.01(d), if a person commits
the offense of criminal attempt to commit an offense under
Subsection (a) or (b), the offense committed under Section 15.01 is
a felony of the third degree.
(i) It is an affirmative defense to prosecution under
Subsection (b) that the actor:
(1) is a duly authorized member of the clergy with
rights and privileges granted by an ordaining authority that
includes administration of a religious ritual or ceremony requiring
the presence or consumption of an alcoholic beverage; and
(2) takes four ounces or less of an alcoholic beverage
into the correctional facility or the secure correctional facility
or secure detention facility for juveniles and personally consumes
all of the alcoholic beverage or departs from the facility with any
portion of the beverage not consumed.
(j) A person commits an offense if the person while an
inmate of a correctional facility operated by or under contract
with the Texas Department of Criminal Justice or while in the
custody of a secure correctional facility or secure detention
facility for juveniles possesses a cellular telephone or other
wireless communications device or a component of one of those
devices.
Added by Acts 1991, 72nd Leg., 2nd C.S., ch. 10, § 5.01, eff.
Oct. 1, 1991. Renumbered from V.T.C.A., Penal Code § 38.112 and
amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1,
1994. Amended by Acts 1999, 76th Leg., ch. 362, § 1, eff. Sept.
1, 1999; Acts 1999, 76th Leg., ch. 649, § 1, eff. Sept. 1, 1999;
Acts 2003, 78th Leg., ch. 470, § 1 to 3, eff. Sept. 1, 2003; Acts
2005, 79th Leg., ch. 499, § 1, eff. June 17, 2005; Acts 2005,
79th Leg., ch. 949, § 47, 48, eff. Sept. 1, 2005; Acts 2005, 79th
Leg., ch. 1092, § 1, eff. Sept. 1, 2005.
Section: 38.04 38.05 38.06 38.07 38.08 38.09 38.10 38.11 38.111 38.112 38.113 38.114 38.12 38.122 38.123
Last modified: August 11, 2007
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