88R6852 CJD-D
By: Huffman S.B. No. 2344
A BILL TO BE ENTITLED
AN ACT
relating to the offense of murder committed by the manufacture or
delivery of certain controlled substances.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 19.02, Penal Code, is amended by
amending Subsection (b) and adding Subsection (e) to read as
follows:
(b) A person commits an offense if the person [he]:
(1) intentionally or knowingly causes the death of an
individual;
(2) intends to cause serious bodily injury and commits
an act clearly dangerous to human life that causes the death of an
individual; [or]
(3) commits or attempts to commit a felony, other than
manslaughter, and in the course of and in furtherance of the
commission or attempt, or in immediate flight from the commission
or attempt, the person [he] commits or attempts to commit an act
clearly dangerous to human life that causes the death of an
individual; or
(4) knowingly manufactures or delivers a controlled
substance listed in Penalty Group 1-B under Section 481.1022,
Health and Safety Code, in violation of Section 481.1123, Health
and Safety Code, and an individual dies as a result of injecting,
ingesting, inhaling, or introducing into the individual's body any
amount of the controlled substance manufactured or delivered by the
actor, regardless of whether the controlled substance was used by
itself or with another substance, including a drug, adulterant, or
dilutant.
(e) It is a defense to prosecution under Subsection (b)(4)
that the actor's conduct in manufacturing or delivering the
controlled substance was authorized under Chapter 481, Health and
Safety Code, or other state or federal law.
SECTION 2. Section 481.141, Health and Safety Code, is
amended by adding Subsection (d) to read as follows:
(d) Punishment may not be increased under this section if
the defendant is also prosecuted under Section 19.02(b)(4), Penal
Code, for conduct occurring during the same criminal episode.
SECTION 3. 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 4. This Act takes effect September 1, 2023.