88R13705 CJD-F
By: Bumgarner H.B. No. 3578
A BILL TO BE ENTITLED
AN ACT
relating to increasing the criminal penalties for delivery of a
controlled substance in Penalty Group 1-B to a child.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 481.122(c), Health and Safety Code, is
amended to read as follows:
(c) An offense under this section is a felony of the second
degree, except that an offense under this section is:
(1) a felony of the first degree punishable by
imprisonment in the Texas Department of Criminal Justice for life
or for a term of not more than 99 years or less than 20 years, and a
fine not to exceed $500,000, if the actor delivers a controlled
substance listed in Penalty Group 1-B to a person described by
Subsection (a)(1); or
(2) a capital felony if the actor delivers a
controlled substance listed in Penalty Group 1-B to a person
described by Subsection (a)(1) and a child dies as a result of
injecting, ingesting, inhaling, or introducing into the child's
body any amount of the controlled substance delivered by the actor,
regardless of whether the controlled substance was used by itself
or with another substance, including a drug, adulterant, or
dilutant.
SECTION 2. The change in law made by this Act applies 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 was
committed before that date.
SECTION 3. This Act takes effect September 1, 2023.