Texas 2023 - 88th Regular

Texas House Bill HB2107

Voted on by House
 
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

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.

Impact

The introduction of HB 2107 aims to strengthen laws related to drug-related offenses, particularly those connected to the fatal consequences of substance abuse. By classifying such actions as first-degree felonies, the bill is intended to act as a deterrent against the manufacture and distribution of dangerous drugs like opioids, which have significantly contributed to the ongoing drug crisis. This change is likely to impact various legal proceedings and the overall approach to drug offenses in Texas, emphasizing punitive measures over rehabilitative solutions.

Summary

House Bill 2107 proposes amendments to the Texas Health and Safety Code concerning the manufacture or delivery of controlled substances and marihuana that results in death or serious bodily injury. The bill establishes a new criminal offense and enhances penalties for those found guilty of delivering or manufacturing drugs that cause such adverse outcomes. Under the bill, the offense that leads to death or serious injury will be classified as a first-degree felony, significantly increasing the potential penalties for offenders.

Sentiment

The sentiment surrounding HB 2107 appears to be supportive among certain legislative members and constituencies that prioritize tough-on-crime approaches, especially in the context of the drug epidemic. However, it may also face scrutiny and opposition from advocates who argue that harsh penalties do not effectively address the root causes of addiction and instead could lead to increased incarceration rates without providing appropriate treatment options for individuals struggling with substance abuse.

Contention

Key points of contention regarding HB 2107 include the effectiveness of increased penalties versus alternative approaches to drug addiction and recovery. Opponents may argue that focusing solely on punitive measures fails to address the socio-economic factors contributing to substance abuse. Furthermore, concerns may arise about the potential for unfair sentencing, particularly for those involved in drug-related offenses without malicious intent, such as those who may be under duress or struggling with addiction themselves.

Texas Constitutional Statutes Affected

Health And Safety Code

  • Chapter 481. Texas Controlled Substances Act
    • Section: 122
    • Section: 141

Companion Bills

TX SB1482

Identical 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.

TX HB513

Same As 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.

Previously Filed As

TX HB513

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.

TX SB1482

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.

TX HB3498

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.

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