| 1 | 1 | | 88R1197 CJD-F |
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| 2 | 2 | | By: Creighton S.B. No. 1482 |
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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 manufacture or delivery of a controlled substance |
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| 8 | 8 | | or marihuana causing death or serious bodily injury; creating a |
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| 9 | 9 | | criminal offense; increasing a criminal penalty. |
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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. Section 481.122(c), Health and Safety Code, is |
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| 12 | 12 | | amended to read as follows: |
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| 13 | 13 | | (c) An offense under this section is a felony of the second |
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| 14 | 14 | | degree, except that the offense is a felony of the first degree if |
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| 15 | 15 | | it is shown on the trial of the offense that the person to whom the |
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| 16 | 16 | | actor delivered the controlled substance or marihuana died or |
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| 17 | 17 | | suffered serious bodily injury as a result of injecting, ingesting, |
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| 18 | 18 | | inhaling, or introducing into the person's body any amount of the |
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| 19 | 19 | | controlled substance or marihuana manufactured or delivered by the |
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| 20 | 20 | | actor, regardless of whether the controlled substance or marihuana |
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| 21 | 21 | | was used by itself or with another substance, including a drug, |
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| 22 | 22 | | adulterant, or dilutant. |
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| 23 | 23 | | SECTION 2. Section 481.141, Health and Safety Code, is |
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| 24 | 24 | | amended to read as follows: |
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| 25 | 25 | | Sec. 481.141. OFFENSE: MANUFACTURE OR DELIVERY OF |
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| 26 | 26 | | CONTROLLED SUBSTANCE CAUSING DEATH OR SERIOUS BODILY INJURY. (a) A |
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| 27 | 27 | | person commits an offense if the person knowingly manufactures or |
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| 28 | 28 | | delivers a controlled substance in violation of this chapter and |
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| 29 | 29 | | [If at the guilt or innocence phase of the trial of an offense |
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| 30 | 30 | | described by Subsection (b), the judge or jury, whichever is the |
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| 31 | 31 | | trier of fact, determines beyond a reasonable doubt that] a person |
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| 32 | 32 | | dies [died] or suffers [suffered] serious bodily injury as a result |
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| 33 | 33 | | of injecting, ingesting, inhaling, or introducing into the person's |
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| 34 | 34 | | body any amount of the controlled substance manufactured or |
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| 35 | 35 | | delivered by the actor [defendant], regardless of whether the |
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| 36 | 36 | | controlled substance was used by itself or with another substance, |
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| 37 | 37 | | including a drug, adulterant, or dilutant[, the punishment for the |
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| 38 | 38 | | offense is increased by one degree]. |
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| 39 | 39 | | (b) An offense under this section is: |
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| 40 | 40 | | (1) [This section applies to an offense otherwise |
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| 41 | 41 | | punishable as] a [state jail felony,] felony of the third degree if |
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| 42 | 42 | | the commission of the offense resulted in serious bodily injury to a |
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| 43 | 43 | | person; or |
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| 44 | 44 | | (2) a [, or] felony of the second degree if the |
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| 45 | 45 | | commission of the offense resulted in the death of a person [under |
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| 46 | 46 | | Section 481.112, 481.1121, 481.1123, 481.113, 481.114, or |
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| 47 | 47 | | 481.122]. |
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| 48 | 48 | | (c) It is a defense to prosecution under this section that |
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| 49 | 49 | | the actor's conduct in manufacturing or delivering the controlled |
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| 50 | 50 | | substance was authorized under this chapter or other state or |
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| 51 | 51 | | federal law. |
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| 52 | 52 | | (d) If conduct constituting an offense under this section |
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| 53 | 53 | | also constitutes an offense under another section of this chapter |
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| 54 | 54 | | or the Penal Code, the actor may be prosecuted under either section |
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| 55 | 55 | | or both sections. |
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| 56 | 56 | | (e) Notwithstanding Article 42.08, Code of Criminal |
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| 57 | 57 | | Procedure, if [punishment for] a defendant is convicted of an |
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| 58 | 58 | | offense [increased] under this section, the court may not order the |
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| 59 | 59 | | sentence for the offense to run concurrently with any other |
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| 60 | 60 | | sentence the court imposes on the defendant. |
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| 61 | 61 | | SECTION 3. The changes in law made by this Act apply only to |
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| 62 | 62 | | an offense committed on or after the effective date of this Act. An |
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| 63 | 63 | | offense committed before the effective date of this Act is governed |
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| 64 | 64 | | by the law in effect on the date the offense was committed, and the |
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| 65 | 65 | | former law is continued in effect for that purpose. For purposes of |
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| 66 | 66 | | this section, an offense was committed before the effective date of |
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| 67 | 67 | | this Act if any element of the offense occurred before that date. |
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| 68 | 68 | | SECTION 4. This Act takes effect September 1, 2023. |
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