By: Estes S.B. No. 257
(In the Senate - Filed November 10, 2008; February 11, 2009,
read first time and referred to Committee on Criminal Justice;
March 26, 2009, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 5, Nays 0; March 26, 2009,
sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 257 By: Hinojosa
A BILL TO BE ENTITLED
AN ACT
relating to the sale or delivery of salvia divinorum or Salvinorin A
to a child; providing a penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 48, Penal Code, is amended by adding
Section 48.03 to read as follows:
Sec. 48.03. PROHIBITION RELATING TO SALE OR DELIVERY OF
SALVIA DIVINORUM TO CHILD. (a) In this section, "child" means a
person younger than 18 years of age.
(b) A person commits an offense if the person, with criminal
negligence, sells, delivers, or causes to be sold or delivered
salvia divinorum, Salvinorin A, or a product containing salvia
divinorum or Salvinorin A to a child or to another person who
intends to deliver it to a child.
(c) An offense under this section is a Class C misdemeanor.
(d) It is not a defense to prosecution under this section
that, at the time of the offense, the actor was an employee of a
retail establishment that sold or offered for sale salvia
divinorum, Salvinorin A, or a product containing salvia divinorum
or Salvinorin A.
(e) It is a defense to prosecution under this section that
the child presented to the actor an apparently valid proof of
identification, including a driver's license issued by this state
or another state, a passport, or an identification certificate or
card issued by a state or the federal government. A proof of
identification satisfies the requirements of this subsection if the
identification:
(1) contains a physical description and photograph
consistent with the person's appearance;
(2) purports to establish that the person is 18 years
of age or older; and
(3) was issued by a governmental agency.
SECTION 2. This Act takes effect September 1, 2009.
* * * * *