TX
Texas House Bill HB4642

Texas 2023 - 88th Regular

Texas House Bill HB4642

Filed
3/9/23  
Out of House Committee
5/3/23  
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to offenses involving the manufacture or delivery of certain controlled substances and the enforcement and prevention of those offenses; creating a criminal offense.

Impact

If enacted, HB 4642 will amend several sections of the Penal Code and Code of Criminal Procedure, specifically targeting the handling of fentanyl-related offenses. The bill aims to ensure that law enforcement agencies have the necessary tools and guidelines for safe handling and prosecution. Notably, it also emphasizes the importance of documenting encounters during custodial interrogations, particularly for sensitive cases such as those involving lethal opioid poisoning. This legislative change is anticipated to improve the efficacy of legal actions against offenders while providing a framework for enhanced community safety.

Summary

House Bill 4642 is aimed at addressing the escalating issue of fentanyl-related offenses in Texas. The bill introduces measures to enhance the investigation and prosecution of crimes involving the manufacture and delivery of controlled substances, particularly focusing on fentanyl. One of the key components of the bill is the establishment of a task force responsible for compiling data and developing best practices for law enforcement agencies across the state. This initiative underscores the state's commitment to tackling the fentanyl crisis, which has become a significant public health concern, with reports indicating that fentanyl is a leading cause of death among young adults in Texas.

Sentiment

The sentiment around HB 4642 appears to be predominantly supportive among many law enforcement representatives who view it as a necessary enhancement to combat the fentanyl crisis. For instance, Dallas Reed from the Texas Municipal Police Association testified in favor of the bill, flagging the urgency of addressing this deadly substance's impact. However, there are concerns voiced by certain advocacy groups regarding potential overreach and increased criminalization of communities that could arise from such legislation. The discussions highlight a delicate balance between ensuring public safety and protecting community rights.

Contention

There are notable points of contention regarding the implications of HB 4642 on local communities and the potential for increased criminalization. Some advocates fear that the bill could lead to harsher penalties and exacerbate the ongoing issues of drug addiction without addressing the underlying social factors contributing to substance abuse. The establishment of a task force raises concerns about the effectiveness of top-down approaches in addressing community-specific needs and the possible fear it instills among vulnerable populations. The debate surrounding HB 4642 reflects broader conversations about drug policy, public health, and community safety.

Texas Constitutional Statutes Affected

Code Of Criminal Procedure

  • Chapter 2. General Duties Of Officers
    • Section: 32
    • Section: 32
  • Chapter 12. Limitation
    • Section: New Section
    • Section: New Section

Health And Safety Code

  • Chapter 481. Texas Controlled Substances Act
    • Section: 141
    • Section: New Section
    • Section: 1123

Occupations Code

  • Chapter 301. Nurses
    • Section: 4535
    • Section: 4535
  • Chapter 1701. Law Enforcement Officers
    • Section: New Section
    • Section: New Section

Penal Code

  • Chapter 19. Criminal Homicide
    • Section: New Section
    • Section: 01
    • Section: New Section
    • Section: New Section
  • Chapter 71. Organized Crime
    • Section: 02

Government Code

  • Chapter 411. Department Of Public Safety Of The State Of Texas
    • Section: 074
    • Section: 074
    • Section: 141
    • Section: New Section
  • Chapter 772. Governmental Planning
    • Section: New Section

Estates Code

  • Chapter 201. Descent And Distribution
    • Section: New Section

Education Code

  • Chapter 37. Discipline; Law And Order
    • Section: New Section

Latest TX HB4642 Activity

View All Events: TX 2023 - 88th Regular HB4642

Companion Bills

No companion bills found.

Previously Filed As

TX HB1837

Relating to the enforcement and prevention of offenses involving the manufacture or delivery of controlled substances listed in Penalty Group 1 or 1-B, law enforcement officer safety in handling those substances, and the manufacture and proper use of opioid antagonists.

TX SB768

Relating to increasing the criminal penalties for manufacture or delivery of fentanyl and related substances; creating a criminal offense.

TX HB15

Relating to the prevention of, prosecution of, penalties for, and other consequences of prostitution, trafficking of persons, and related criminal offenses and to orders of nondisclosure for persons who committed certain of those offenses; regulating occupations and property to prevent and respond to those criminal offenses, including requiring a student occupational permit for those purposes; authorizing fees; increasing criminal penalties; creating criminal offenses.

TX HB3644

Relating to the offense of murder committed by the manufacture or delivery of certain controlled substances.

TX SB2344

Relating to the offense of murder committed by the manufacture or delivery of certain controlled substances.

TX HB10

Relating to certain criminal and civil consequences of trafficking of persons, compelling prostitution, and certain other related criminal offenses; to the prevention, prosecution, and punishment of those offenses, and to compensation paid to victims of those offenses.

TX SB1518

Relating to the establishment of a terrorist offender registry and to the supervision of those terrorist offenders; creating criminal offenses related to terrorism.

TX HB4009

Relating to the provision of services to certain persons involved in, and the prosecution, punishment, and prevention of, offenses involving trafficking of persons or certain forced or sex-based labor or services, and to law enforcement training related to offenses involving that trafficking.

TX HB4968

Relating to the establishment of a terrorist offender registry and to the supervision of those terrorist offenders; creating criminal offenses related to terrorism.

TX SB3

Relating to the powers and duties of the Texas Department of Public Safety, military and law enforcement training, and the investigation, prosecution, punishment, and prevention of certain offenses; creating an offense and increasing a criminal penalty; authorizing fees.

Similar Bills

TX HB3875

Relating to a prohibition on prosecuting or referring to juvenile court certain persons for certain conduct constituting the offense of prostitution and to a change in terminology involving certain conduct constituting the offense of compelling prostitution.

TX HB375

Relating to the prosecution of the offense of continuous sexual abuse of young child or disabled individual; creating a criminal offense.

TX HB3177

Relating to the prosecution of the offense of continuous sexual abuse of a child or disabled individual; creating a criminal offense.

TX HB1552

Relating to changing the name of the offense of child pornography to child sexual abuse material and to updating references to conform to that terminology.

TX SB24

Relating to the prosecution, punishment, and certain criminal and civil consequences of offenses involving or related to the trafficking of persons and to certain protections for victims of those offenses.

TX HB1581

Relating to the criminal offense of abandoning or endangering a child, elderly individual, or disabled individual.

TX HB7

Relating to the prosecution, punishment, and certain criminal and civil consequences of offenses involving or related to the trafficking of persons and to certain protections for victims of those offenses.