88R2566 CJD-D
By: Hinojosa S.B. No. 233
A BILL TO BE ENTITLED
AN ACT
relating to the offense of manslaughter; increasing the criminal
penalty for certain offenders.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 19.04, Penal Code, is amended by
amending Subsection (b) and adding Subsection (c) to read as
follows:
(b) An offense under this section is a felony of the second
degree, except that an offense is a felony of the first degree if:
(1) the actor delivered a controlled substance,
simulated controlled substance, or dangerous drug to the individual
in violation of Chapter 481, 482, or 483, Health and Safety Code;
(2) the controlled substance, simulated controlled
substance, or dangerous drug as delivered consisted wholly or
partly of a substance listed in Section 481.102(1), (2), (3), or
(4) or Section 481.1022, Health and Safety Code;
(3) the individual consumed the controlled substance,
simulated controlled substance, or dangerous drug without altering
the substance or drug; and
(4) the individual's death resulted from the
consumption of the controlled substance, simulated controlled
substance, or dangerous drug.
(c) The enhancement of the penalty under Subsection (b) for
a death caused by the consumption of a controlled substance or
dangerous drug does not apply to an actor who prescribed,
dispensed, or administered a controlled substance or dangerous drug
during the ordinary course of medical treatment of a patient for
legitimate medical purposes.
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.