Relating to committing the criminal offense of endangering a child, elderly individual, or disabled individual by engaging in certain conduct involving a controlled substance listed in Penalty Group 1-B of the Texas Controlled Substances Act.
Impact
If enacted, HB 166 would amend the Penal Code to create clearer legal frameworks regarding the endangerment of minors and other vulnerable groups when controlled substances are involved. The bill outlines specific scenarios under which an individual could be presumed to have endangered a child or other vulnerable individuals, focusing on controlled substances like methamphetamine. This change is expected to enhance law enforcement's ability to address drug-related risks faced by vulnerable populations, potentially leading to more stringent penalties for offenders.
Summary
House Bill 166 addresses the issue of endangering vulnerable individuals, specifically children, elderly individuals, and disabled individuals, through actions involving controlled substances as categorized under Penalty Group 1-B of the Texas Controlled Substances Act. The bill establishes a presumption of endangerment if a person engages in conduct that presents imminent danger due to their handling or introduction of controlled substances in the vicinity of these vulnerable populations. This legislative change aims to provide stronger protections for at-risk individuals by increasing the accountability of those engaged in substance-related offenses.
Sentiment
General sentiment surrounding HB 166 appears to be supportive among those advocating for the protection of vulnerable populations. Many law enforcement and child protection advocates endorse the bill as a necessary measure to enhance safeguarding measures in the context of substance abuse. However, there might also be some dissent stemming from concerns over the presumption aspect of the law, as critics argue it could potentially lead to unfair consequences for individuals wrongly accused or held responsible under ambiguous circumstances. This highlights a balance between public safety and the protection of individual rights.
Contention
Notable points of contention appear mainly around the implications of presumptive offenses in HB 166. While proponents argue that the bill would create a crucial deterrent against reckless behavior surrounding substance use and its impact on vulnerable individuals, critics may raise issues regarding fairness in how presumptions are applied in legal proceedings. The interaction between this bill and existing laws regarding substance abuse and child protection necessitates careful consideration to prevent potential overreach that could unfavorably impact individuals involved.
Identical
Relating to committing the criminal offense of endangering a child, elderly individual, or disabled individual by engaging in certain conduct involving a controlled substance listed in Penalty Group 1-B of the Texas Controlled Substances Act.
Relating to offenses involving the manufacture or delivery of certain controlled substances and the enforcement and prevention of those offenses; creating a criminal offense.
Relating to the designation of fentanyl poisoning or fentanyl toxicity for purposes of the death certificate and to the criminal penalties for certain controlled substance offenses; increasing a criminal penalty.
Relating to the designation of fentanyl poisoning for purposes of the death certificate and to the criminal penalties for certain controlled substance offenses; increasing a criminal penalty.