Relating to creating the criminal offense of continuous manufacture or delivery of a controlled substance.
Impact
The bill amends the current statutes in Chapter 481 of the Health and Safety Code, adding Section 481.142. One significant change it brings is that defendants can be charged based on repeated actions rather than single instances, which could lead to harsher sentencing. The offense is categorized as a felony of the third degree, potentially resulting in significant prison time and legal consequences for those convicted under its terms.
Summary
House Bill 5467 introduces a new criminal offense pertaining to the continuous manufacture or delivery of controlled substances. Under this bill, a person can be charged if they engage in conduct that constitutes an offense under specific sections of the Health and Safety Code related to drug offenses at least twice within a 12-month period. This new provision seeks to hold individuals accountable for repeated drug-related activities and aims to provide law enforcement with broader tools to combat ongoing drug manufacturing or distribution operations.
Conclusion
Overall, HB 5467 represents a move toward a more stringent approach to drug-related offenses in Texas. By creating a new tier of criminal liability for those engaged in repeated drug manufacturing or delivery, the bill aims to strengthen state laws against drug trafficking. However, discussions surrounding its implications reveal a spectrum of opinions, weighing public safety against individual rights and the potential for overreach in law enforcement.
Contention
While the bill's supporters argue that it is necessary to address the significant issues related to drug trafficking and to establish stronger penalties for repeat offenders, there are concerns regarding potential unintended consequences. Critics worry that the bill may contribute to overcrowding in prisons and may not effectively address the root causes of drug addiction and distribution. Additionally, the provision allowing juries not to agree unanimously on specific instances of conduct could raise questions about the fairness of trials.
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.
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.
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.
Relating to the designation of fentanyl poisoning for purposes of the death certificate and 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.
Relating to offenses involving the manufacture or delivery of certain controlled substances and the enforcement and prevention of those offenses; creating a criminal offense.