Texas 2023 - 88th Regular

Texas House Bill HB513

Filed
11/14/22  
Out of House Committee
3/16/23  
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the manufacture or delivery of a controlled substance or marihuana causing death or serious bodily injury; creating a criminal offense; increasing a criminal penalty.

Impact

The impact of HB 513 on state law is substantial, as it modifies existing penalties tied to drug offenses. The bill reclassifies the severity of crimes related to the distribution of controlled substances. Offenses resulting in serious bodily injury will be classified as a third-degree felony and those resulting in death escalating to a second-degree felony. This restructuring is designed to reflect the seriousness of these crimes more accurately and provide criminal justice officials with better options for prosecuting offenders. By creating clearer legal definitions and frameworks for these offenses, the bill aims to aid law enforcement in their efforts to combat the opioid epidemic effectively.

Summary

House Bill 513, introduced by Representative Metcalf, aims to address the significant public health crisis posed by fentanyl and other controlled substances. The bill specifically targets the manufacturing and delivery of these substances when they result in death or serious bodily injury. It seeks to establish a standalone offense that specifically holds individuals accountable for distributing drugs that lead to overdoses. This change is driven by the increasing incidence of drug-related fatalities linked to potent opioids, making it crucial to enhance the legal tools available for prosecution and deterrence in these serious cases.

Sentiment

The general sentiment surrounding HB 513 appears to be supportive among many legislators, especially those concerned about public safety and health. Advocates for the bill highlight its importance in deterring drug distribution that leads to overdoses and deaths. However, there may be contentious viewpoints, particularly from groups concerned about the broader implications of strict drug-related laws on individuals and communities. The bill has sparked discussions on balancing the need for a tough-on-crime approach with ensuring compassionate care and treatment for those struggling with addiction.

Contention

Notable points of contention revolve around the potential consequences of increasing penalties for drug distribution. Critics argue that simply elevating criminal penalties may not address the root causes of addiction or provide adequate support for preventive measures. There is also concern about whether the bill could lead to disproportionate impacts on certain communities and if it adequately acknowledges the need for treatment and rehabilitation in tandem with punitive measures. Legislators will need to navigate these complexities as discussions continue, making the outcome of HB 513 indicative of the state's commitment to both public safety and public health.

Texas Constitutional Statutes Affected

Health And Safety Code

  • Chapter 481. Texas Controlled Substances Act
    • Section: 122
    • Section: 141
    • Section: 122
    • Section: 141
    • Section: 122
    • Section: 141

Companion Bills

TX SB1482

Identical Relating to the manufacture or delivery of a controlled substance or marihuana causing death or serious bodily injury; creating a criminal offense; increasing a criminal penalty.

TX HB2107

Same As Relating to the manufacture or delivery of a controlled substance or marihuana causing death or serious bodily injury; creating a criminal offense; increasing a criminal penalty.

TX HB2107

Same As Relating to the manufacture or delivery of a controlled substance or marihuana causing death or serious bodily injury; creating a criminal offense; increasing a criminal penalty.

Similar Bills

MA H2227

Replacing archaic and stigmatizing language for substance use

TX HB1212

Relating to the prosecution and punishment of certain offenses under the Texas Controlled Substances Act and the regulation and scheduling of certain substances.

MI HB4167

Criminal procedure: sentencing guidelines; sentencing guidelines for illicit use of xylazine; provide for. Amends sec. 13m, ch. XVII of 1927 PA 175 (MCL 777.13m).

MI HB4256

Criminal procedure: sentencing guidelines; sentencing guidelines for delivering, manufacturing, or possessing with intent to deliver certain controlled substances; amend. Amends sec. 13m, ch. XVII of 1927 PA 175 (MCL 777.13m). TIE BAR WITH: HB 4255'25

NJ A3797

"CJ's Law"; Criminalizes manufacture, sale, and possession of substances containing kratom.

NJ A5129

"CJ's Law"; Criminalizes manufacture and distribution of substances containing kratom under certain circumstances.

IL HB1038

CONTROL SUB-FENTANYL PENALTIES

IL SB1569

CONT SUB-FETYNAL-PENALTIES