Section 5-64-411 - Proximity to certain facilities - Enhanced penalties(a) A person is subject to an enhanced sentence of an additional term of imprisonment of ten (10) years if: (1) The person: (A) Possesses a controlled substance in violation of § 5-64-419 and the offense is a Class C felony or greater; or(B) Possesses with the purpose to deliver, delivers, manufactures, or trafficks a controlled substance in violation of §§ 5-64-420 - 5-64-440; and(2) The offense is committed on or within one thousand feet (1,000') of the real property of: (A) A city or state park;(B) A public or private elementary or secondary school, public vocational school, or private or public college or university;(C) A designated school bus stop as identified on the route list published by a public school district each year;(D) A skating rink, Boys and Girls Club, YMCA, YWCA, community center, recreation center, or video arcade;(E) A publicly funded and administered multifamily housing development;(F) A drug or alcohol treatment facility;(I) A shelter as defined in § 9-4-102.(b) The enhanced portion of the sentence is consecutive or concurrent to any other sentence imposed at the discretion of the court.(c) Any person convicted under this section is not eligible for early release on parole, transfer to post-release supervision, or community correction transfer for the enhanced portion of the sentence.(d)(1) Except for property covered by subdivision (a)(2)(C) of this section, property covered by this section shall have a notice posted at the entrances to the property stating: "THE SALE OF DRUGS UPON OR WITHIN ONE THOUSAND FEET (1000') OF THIS PROPERTY MAY SUBJECT THE SELLER OF THE DRUGS TO AN ADDITIONAL TEN (10) YEARS IMPRISONMENT IN ADDITION TO THE TERM OF IMPRISONMENT OTHERWISE PROVIDED FOR THE UNLAWFUL SALE OF DRUGS."
(2) However, the posting of the notice is not a necessary element for the enhancement of a sentence under this section.(e) As used in this section, "recreation center" means a public place of entertainment consisting of various types of entertainment, including without limitation billiards or pool, ping pong or table tennis, bowling, video games, pinball machines, or any other similar type of entertainment.Amended by Act 2023, No. 659,§ 45, eff. 1/1/2024.Acts 1989 (3rd Ex. Sess.), No. 88, § 1; 1991, No. 864, § 1; 1995, No. 778, § 1; 1995, No. 799, § 1; 1997, No. 1056, § 1; 2001, No. 1553, § 12; 2003, No. 1707, § 1; 2005, No. 195, § 1; 2005, No. 1994, § 305[B]; 2007, No. 345, § 1; 2007, No. 827, § 62; 2007, No. 1047, § 3; 2011, No. 570, § 42.