| 1 | 1 | | 88R2566 CJD-D |
|---|
| 2 | 2 | | By: Hinojosa S.B. No. 233 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to the offense of manslaughter; increasing the criminal |
|---|
| 8 | 8 | | penalty for certain offenders. |
|---|
| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 10 | 10 | | SECTION 1. Section 19.04, Penal Code, is amended by |
|---|
| 11 | 11 | | amending Subsection (b) and adding Subsection (c) to read as |
|---|
| 12 | 12 | | follows: |
|---|
| 13 | 13 | | (b) An offense under this section is a felony of the second |
|---|
| 14 | 14 | | degree, except that an offense is a felony of the first degree if: |
|---|
| 15 | 15 | | (1) the actor delivered a controlled substance, |
|---|
| 16 | 16 | | simulated controlled substance, or dangerous drug to the individual |
|---|
| 17 | 17 | | in violation of Chapter 481, 482, or 483, Health and Safety Code; |
|---|
| 18 | 18 | | (2) the controlled substance, simulated controlled |
|---|
| 19 | 19 | | substance, or dangerous drug as delivered consisted wholly or |
|---|
| 20 | 20 | | partly of a substance listed in Section 481.102(1), (2), (3), or |
|---|
| 21 | 21 | | (4) or Section 481.1022, Health and Safety Code; |
|---|
| 22 | 22 | | (3) the individual consumed the controlled substance, |
|---|
| 23 | 23 | | simulated controlled substance, or dangerous drug without altering |
|---|
| 24 | 24 | | the substance or drug; and |
|---|
| 25 | 25 | | (4) the individual's death resulted from the |
|---|
| 26 | 26 | | consumption of the controlled substance, simulated controlled |
|---|
| 27 | 27 | | substance, or dangerous drug. |
|---|
| 28 | 28 | | (c) The enhancement of the penalty under Subsection (b) for |
|---|
| 29 | 29 | | a death caused by the consumption of a controlled substance or |
|---|
| 30 | 30 | | dangerous drug does not apply to an actor who prescribed, |
|---|
| 31 | 31 | | dispensed, or administered a controlled substance or dangerous drug |
|---|
| 32 | 32 | | during the ordinary course of medical treatment of a patient for |
|---|
| 33 | 33 | | legitimate medical purposes. |
|---|
| 34 | 34 | | SECTION 2. The change in law made by this Act applies only |
|---|
| 35 | 35 | | to an offense committed on or after the effective date of this |
|---|
| 36 | 36 | | Act. An offense committed before the effective date of this Act is |
|---|
| 37 | 37 | | governed by the law in effect on the date the offense was committed, |
|---|
| 38 | 38 | | and the former law is continued in effect for that purpose. For |
|---|
| 39 | 39 | | purposes of this section, an offense was committed before the |
|---|
| 40 | 40 | | effective date of this Act if any element of the offense was |
|---|
| 41 | 41 | | committed before that date. |
|---|
| 42 | 42 | | SECTION 3. This Act takes effect September 1, 2023. |
|---|