2006 Louisiana Laws - RS 40:981.3 — Violation of uniform controlled dangerous substances law

§981.3.  Violation of Uniform Controlled Dangerous Substances Law; drug-free zone

A.(1)  Any person who violates a provision of R.S. 40:966 through 970 of the Uniform Controlled Dangerous Substances Law while on any property used for school purposes by any school, within one thousand feet of any such property, or while on a school bus, shall, upon conviction, be punished in accordance with Subsection E of this Section.

(2)  Any person who violates a provision of R.S. 40:966(A), 967(A), 968(A), 969(A), or 970(A) while on property used as a drug treatment facility or within one thousand feet of any such property, when included within an area marked as a drug-free zone pursuant to R.S. 40:1058.10, shall, upon conviction, be punished in accordance with Subsection E of this Section.

(3)(a)  Any person who violates a provision of R.S. 40:966 through 970 of the Uniform Controlled Dangerous Substances Law while on any religious building property, public housing authority property, child day care center property, or within one thousand feet of any such property, if the area is posted as a drug-free zone, shall, upon conviction, be punished in accordance with Subsection E of this Section.

(b)  In order for the provisions of this Section to apply to religious buildings, public housing authority property, or child day care center property, the building must be posted as a drug-free zone as provided herein.  The design and posting of the signs shall be at the discretion of the entity that owns or has authority over the religious building, public housing authority property, or child day care center property.  In order to post the area as a drug-free zone, the signs shall be located in a visible manner on or near each religious building, public housing authority property, or child day care center property indicating that such area is a drug-free zone, that such zone extends for a distance of one thousand feet, and that a violation of the Uniform Controlled Dangerous Substances Law will subject the offender to severe penalties under law.

B.  Lack of knowledge that the prohibited act occurred on or within one thousand feet of school or drug treatment facility property shall not be a defense.

C.  For purposes of this Section:

(1)  "School" means any public or private elementary, secondary, vocational-technical school, or any public or private college or university in Louisiana.

(2)  "School property" means all property used for school purposes, including but not limited to school playgrounds, as well as any building or area owned by the state or by a political subdivision and used or operated as a playground or recreational facility and all parks and recreational areas administered by the office of state parks.

(3)  "Drug treatment facility" means all property used for diagnostic, treatment, and rehabilitative services to patients and their families with problems related to alcohol, drug, or substance abuse.

(4)  "Religious building property" means property on which is located any church, synagogue, mosque, or other building, structure, or place used for religious worship or other religious purpose.

(5)  "Public housing authority property" means all property owned or operated by a public housing authority or agency created by state law or by any ordinance enacted by a local governing authority.

(6)  "Child day care center property" means property on which is located a facility licensed as a day care center under the provisions of the Child Care Facility and Child-Placing Agency Licensing Act (R.S. 46:1401 et seq.) or licensed as a group child day care home under the provisions of the Child Care Registration Law (R.S. 46:1441 et seq.).

D.  A violation of this Section within one thousand feet of school property, a drug treatment facility, religious building property, public housing authority property, or child day care facility property shall not include an act which occurs entirely within a private residence wherein no person seventeen years of age or under was present.

E.(1)  Whoever violates a provision of this Section shall be punished by the imposition of the maximum fine and be imprisoned for not more than one and one-half times the longest term of imprisonment authorized by the applicable provisions of R.S. 40:966 through 970.

(2)  A sentence imposed for a violation of the provisions of this Section shall not be subject to parole, probation, or suspension of sentence to the extent that the minimum sentence for a violation of a felony provision of R.S. 40:966 through 970 is not subject to parole, probation, or suspension of sentence.

Added by Acts 1989, No. 171, §2; Acts 1990, No. 293, §2, eff. July 5, 1990; Acts 1990, No. 1027, §2, eff. July 26, 1990; Acts 1994, 3rd Ex. Sess., No. 46, §1; Acts 1997, No. 355, §1, eff. June 20, 1997; Acts 1999, No. 253, §1; Acts 2001, No. 403, §4, eff. June 15, 2001; Acts 2004, No. 820, §1; Acts 2006, No. 142, §1; Acts 2006, No. 168, §1.


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