88R3110 CJD-D
By: Thimesch, Frazier, Lujan, H.B. No. 1581
Johnson of Dallas, Cook, et al.
A BILL TO BE ENTITLED
AN ACT
relating to the manufacture or delivery of a controlled substance
causing death or serious bodily injury; creating a criminal
offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter D, Chapter 481, Health and Safety
Code, is amended by adding Section 481.142 to read as follows:
Sec. 481.142. OFFENSE: MANUFACTURE OR DELIVERY OF
CONTROLLED SUBSTANCE CAUSING DEATH OR SERIOUS BODILY INJURY. (a) A
person commits an offense if the person knowingly manufactures or
delivers a controlled substance in violation of this chapter and a
person dies or suffers serious bodily injury as a result of
injecting, ingesting, inhaling, or introducing into the person's
body any amount of the controlled substance manufactured or
delivered by the actor, regardless of whether the controlled
substance was used by itself or with another substance, including a
drug, adulterant, or dilutant.
(b) An offense under this section is:
(1) a felony of the second degree if the commission of
the offense resulted in serious bodily injury to a person; or
(2) a felony of the first degree if the commission of
the offense resulted in the death of a person.
(c) It is a defense to prosecution under this section that
the actor's conduct in manufacturing or delivering the controlled
substance was authorized under this chapter or other state or
federal law.
(d) If conduct constituting an offense under this section
also constitutes an offense under another section of this chapter
or the Penal Code, the actor may be prosecuted under either section
or both sections.
(e) Notwithstanding Article 42.08, Code of Criminal
Procedure, if a defendant is convicted of an offense under this
section, the court may not order the sentence for the offense to run
concurrently with any other sentence the court imposes on the
defendant.
SECTION 2. The changes in law made by this Act apply only to
an offense committed on or after the effective date of this Act. An
offense committed before the effective date of this Act is governed
by the law in effect on the date the offense was committed, and the
former law is continued in effect for that purpose. For purposes of
this section, an offense was committed before the effective date of
this Act if any element of the offense occurred before that date.
SECTION 3. This Act takes effect September 1, 2023.