Texas Senate Bill SB1482

Texas 2023 - 88th Regular

• Filed: 3/2/23

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 legislation proposes that if a person delivers or manufactures illicit drugs and this conduct results in death or serious bodily injury to someone, the penalties for that offense would be enhanced. Specifically, it would elevate the offense to a felony of the first degree if death occurs, or a felony of the second degree if serious bodily injury results. This adjustment in the law intends to serve as a deterrent against illegal drug distribution by highlighting the serious repercussions for those whose actions lead to tragic outcomes.

Summary

SB1482 is a legislative proposal that addresses the manufacture and delivery of controlled substances or marijuana that leads to death or serious bodily injury. The bill seeks to amend existing laws to create a specific criminal offense that applies when a person dies or suffers significant harm due to using substances that were knowingly delivered or manufactured by an individual. This aims to tighten accountability and increase penalties for those involved in such illicit activities, particularly when they result in grave consequences for the users.

Sentiment

The general sentiment surrounding SB1482 appears to be supportive among lawmakers prioritizing public safety and combating drug-related fatalities. Proponents of the bill argue that the increased penalties are necessary to dissuade reckless behavior associated with drug manufacturing and delivery. However, there may be concerns about how these tougher penalties could impact individuals struggling with addiction or drug-related offenses, with some advocating for more rehabilitative approaches rather than punitive measures.

Contention

Notable points of contention may arise regarding the bill's potential impact on both individuals and broader public guidelines concerning drug enforcement. Critics may question whether simply increasing penalties will effectively address the root causes of substance misuse and addiction, or whether it may exacerbate existing societal issues. The proposed stipulations for penalties might also lead to discussions on fairness and disproportionate sentencing in cases where individuals may have acted without malicious intent.

Texas Constitutional Statutes Affected

Health And Safety Code

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