| 1 | 1 | | 88R6852 CJD-D |
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| 2 | 2 | | By: Huffman S.B. No. 2344 |
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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 offense of murder committed by the manufacture or |
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| 8 | 8 | | delivery of certain controlled substances. |
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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 19.02, Penal Code, is amended by |
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| 11 | 11 | | amending Subsection (b) and adding Subsection (e) to read as |
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| 12 | 12 | | follows: |
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| 13 | 13 | | (b) A person commits an offense if the person [he]: |
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| 14 | 14 | | (1) intentionally or knowingly causes the death of an |
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| 15 | 15 | | individual; |
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| 16 | 16 | | (2) intends to cause serious bodily injury and commits |
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| 17 | 17 | | an act clearly dangerous to human life that causes the death of an |
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| 18 | 18 | | individual; [or] |
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| 19 | 19 | | (3) commits or attempts to commit a felony, other than |
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| 20 | 20 | | manslaughter, and in the course of and in furtherance of the |
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| 21 | 21 | | commission or attempt, or in immediate flight from the commission |
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| 22 | 22 | | or attempt, the person [he] commits or attempts to commit an act |
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| 23 | 23 | | clearly dangerous to human life that causes the death of an |
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| 24 | 24 | | individual; or |
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| 25 | 25 | | (4) knowingly manufactures or delivers a controlled |
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| 26 | 26 | | substance listed in Penalty Group 1-B under Section 481.1022, |
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| 27 | 27 | | Health and Safety Code, in violation of Section 481.1123, Health |
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| 28 | 28 | | and Safety Code, and an individual dies as a result of injecting, |
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| 29 | 29 | | ingesting, inhaling, or introducing into the individual's body any |
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| 30 | 30 | | amount of the controlled substance manufactured or delivered by the |
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| 31 | 31 | | actor, regardless of whether the controlled substance was used by |
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| 32 | 32 | | itself or with another substance, including a drug, adulterant, or |
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| 33 | 33 | | dilutant. |
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| 34 | 34 | | (e) It is a defense to prosecution under Subsection (b)(4) |
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| 35 | 35 | | that the actor's conduct in manufacturing or delivering the |
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| 36 | 36 | | controlled substance was authorized under Chapter 481, Health and |
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| 37 | 37 | | Safety Code, or other state or federal law. |
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| 38 | 38 | | SECTION 2. Section 481.141, Health and Safety Code, is |
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| 39 | 39 | | amended by adding Subsection (d) to read as follows: |
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| 40 | 40 | | (d) Punishment may not be increased under this section if |
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| 41 | 41 | | the defendant is also prosecuted under Section 19.02(b)(4), Penal |
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| 42 | 42 | | Code, for conduct occurring during the same criminal episode. |
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| 43 | 43 | | SECTION 3. The change in law made by this Act applies only |
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| 44 | 44 | | to an offense committed on or after the effective date of this Act. |
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| 45 | 45 | | An offense committed before the effective date of this Act is |
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| 46 | 46 | | governed by the law in effect on the date the offense was committed, |
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| 47 | 47 | | and the former law is continued in effect for that purpose. For |
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| 48 | 48 | | purposes of this section, an offense was committed before the |
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| 49 | 49 | | effective date of this Act if any element of the offense was |
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| 50 | 50 | | committed before that date. |
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| 51 | 51 | | SECTION 4. This Act takes effect September 1, 2023. |
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