| 1 | 1 | | By: Williams S.B. No. 159 |
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| 2 | 2 | | (Deshotel, Gallego, Hartnett, Coleman, Burkett, et al.) |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the diversion of a controlled substance by certain |
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| 8 | 8 | | persons who have access to the substance by virtue of the persons' |
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| 9 | 9 | | profession or employment; providing penalties. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Subchapter D, Chapter 481, Health and Safety |
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| 12 | 12 | | Code, is amended by adding Section 481.1285 to read as follows: |
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| 13 | 13 | | Sec. 481.1285. OFFENSE: DIVERSION OF CONTROLLED SUBSTANCE |
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| 14 | 14 | | BY REGISTRANTS, DISPENSERS, AND CERTAIN OTHER PERSONS. (a) This |
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| 15 | 15 | | section applies only to a registrant, a dispenser, or a person who, |
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| 16 | 16 | | pursuant to Section 481.062(a)(1) or (2), is not required to |
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| 17 | 17 | | register under this subchapter. |
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| 18 | 18 | | (b) A person commits an offense if the person knowingly: |
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| 19 | 19 | | (1) converts to the person's own use or benefit a |
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| 20 | 20 | | controlled substance to which the person has access by virtue of the |
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| 21 | 21 | | person's profession or employment; or |
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| 22 | 22 | | (2) diverts to the unlawful use or benefit of another |
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| 23 | 23 | | person a controlled substance to which the person has access by |
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| 24 | 24 | | virtue of the person's profession or employment. |
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| 25 | 25 | | (c) An offense under Subsection (b)(1) is a state jail |
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| 26 | 26 | | felony. An offense under Subsection (b)(2) is a felony of the third |
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| 27 | 27 | | degree. |
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| 28 | 28 | | (d) If conduct that constitutes an offense under this |
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| 29 | 29 | | section also constitutes an offense under any other law, the actor |
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| 30 | 30 | | may be prosecuted under this section, the other law, or both. |
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| 31 | 31 | | SECTION 2. This Act takes effect September 1, 2011. |
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