| 1 | 1 | | 88R8174 CJD-D |
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| 2 | 2 | | By: Kolkhorst S.B. No. 1622 |
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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 | | listed in Penalty Group 1-B causing death; creating a criminal |
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| 9 | 9 | | offense. |
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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 481.141, Health and Safety Code, is |
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| 12 | 12 | | amended by adding Subsection (d) to read as follows: |
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| 13 | 13 | | (d) Punishment may not be increased under this section if |
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| 14 | 14 | | the defendant is also prosecuted under Section 481.142 for conduct |
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| 15 | 15 | | occurring during the same criminal episode. |
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| 16 | 16 | | SECTION 2. Subchapter D, Chapter 481, Health and Safety |
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| 17 | 17 | | Code, is amended by adding Section 481.142 to read as follows: |
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| 18 | 18 | | Sec. 481.142. OFFENSE: MANUFACTURE OR DELIVERY OF |
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| 19 | 19 | | CONTROLLED SUBSTANCE IN PENALTY GROUP 1-B CAUSING DEATH. (a) A |
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| 20 | 20 | | person commits an offense if the person knowingly manufactures or |
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| 21 | 21 | | delivers a controlled substance listed in Penalty Group 1-B in |
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| 22 | 22 | | violation of Section 481.1123 and a person dies as a result of |
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| 23 | 23 | | injecting, ingesting, inhaling, or introducing into the person's |
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| 24 | 24 | | body any amount of the controlled substance manufactured or |
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| 25 | 25 | | delivered by the actor, regardless of whether the controlled |
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| 26 | 26 | | substance was used by itself or with another substance, including a |
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| 27 | 27 | | drug, adulterant, or dilutant. |
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| 28 | 28 | | (b) An offense under this section is a felony of the first |
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| 29 | 29 | | degree. |
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| 30 | 30 | | (c) It is a defense to prosecution under this section that |
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| 31 | 31 | | the actor's conduct in manufacturing or delivering the controlled |
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| 32 | 32 | | substance was authorized under this chapter or other state or |
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| 33 | 33 | | federal law. |
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| 34 | 34 | | (d) If conduct constituting an offense under this section |
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| 35 | 35 | | also constitutes an offense under another section of this chapter |
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| 36 | 36 | | or the Penal Code, the actor may be prosecuted under either section |
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| 37 | 37 | | or both sections. |
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| 38 | 38 | | SECTION 3. The changes in law made by this Act apply only to |
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| 39 | 39 | | an offense committed on or after the effective date of this Act. An |
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| 40 | 40 | | offense committed before the effective date of this Act is governed |
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| 41 | 41 | | by the law in effect on the date the offense was committed, and the |
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| 42 | 42 | | former law is continued in effect for that purpose. For purposes of |
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| 43 | 43 | | this section, an offense was committed before the effective date of |
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| 44 | 44 | | this Act if any element of the offense occurred before that date. |
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| 45 | 45 | | SECTION 4. This Act takes effect September 1, 2023. |
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