| 1 | 1 | | 88R13705 CJD-F |
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| 2 | 2 | | By: Bumgarner H.B. No. 3578 |
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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 increasing the criminal penalties for delivery of a |
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| 8 | 8 | | controlled substance in Penalty Group 1-B to a child. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 481.122(c), Health and Safety Code, is |
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| 11 | 11 | | amended to read as follows: |
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| 12 | 12 | | (c) An offense under this section is a felony of the second |
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| 13 | 13 | | degree, except that an offense under this section is: |
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| 14 | 14 | | (1) a felony of the first degree punishable by |
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| 15 | 15 | | imprisonment in the Texas Department of Criminal Justice for life |
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| 16 | 16 | | or for a term of not more than 99 years or less than 20 years, and a |
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| 17 | 17 | | fine not to exceed $500,000, if the actor delivers a controlled |
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| 18 | 18 | | substance listed in Penalty Group 1-B to a person described by |
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| 19 | 19 | | Subsection (a)(1); or |
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| 20 | 20 | | (2) a capital felony if the actor delivers a |
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| 21 | 21 | | controlled substance listed in Penalty Group 1-B to a person |
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| 22 | 22 | | described by Subsection (a)(1) and a child dies as a result of |
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| 23 | 23 | | injecting, ingesting, inhaling, or introducing into the child's |
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| 24 | 24 | | body any amount of the controlled substance delivered by the actor, |
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| 25 | 25 | | regardless of whether the controlled substance was used by itself |
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| 26 | 26 | | or with another substance, including a drug, adulterant, or |
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| 27 | 27 | | dilutant. |
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| 28 | 28 | | SECTION 2. The change in law made by this Act applies only |
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| 29 | 29 | | to an offense committed on or after the effective date of this Act. |
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| 30 | 30 | | An offense committed before the effective date of this Act is |
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| 31 | 31 | | governed by the law in effect on the date the offense was committed, |
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| 32 | 32 | | and the former law is continued in effect for that purpose. For |
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| 33 | 33 | | purposes of this section, an offense was committed before the |
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| 34 | 34 | | effective date of this Act if any element of the offense was |
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| 35 | 35 | | committed before that date. |
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| 36 | 36 | | SECTION 3. This Act takes effect September 1, 2023. |
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