By: Huffman S.B. No. 645
(In the Senate - Filed January 27, 2023; February 17, 2023,
read first time and referred to Committee on Criminal Justice;
March 9, 2023, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 7, Nays 0; March 9, 2023,
sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 645 By: Huffman
A BILL TO BE ENTITLED
AN ACT
relating to the designation of fentanyl poisoning for purposes of
the death certificate and to the criminal penalties for certain
controlled substance offenses; increasing a criminal penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 193.005, Health and Safety Code, is
amended by adding Subsection (e-1) to read as follows:
(e-1) If a toxicology examination reveals a detectable
amount of a controlled substance listed in Penalty Group 1-B in the
body of the decedent, the medical certification on the death
certificate must include the presence of the substance and the term
"Fentanyl Poisoning." This subsection does not apply if the
decedent at the time of death had a valid prescription for the
controlled substance.
SECTION 2. Sections 481.112(e) and (f), Health and Safety
Code, are amended to read as follows:
(e) An offense under Subsection (a) is a felony of the first
degree punishable by imprisonment in the Texas Department of
Criminal Justice for life or for a term of not more than 99 years or
less than 10 years, and a fine not to exceed $100,000, if the amount
of the controlled substance to which the offense applies is, by
aggregate weight, including adulterants or dilutants, 200 grams or
more but less than 400 grams.
(f) An offense under Subsection (a) is a felony of the first
degree punishable by imprisonment in the Texas Department of
Criminal Justice for life or for a term of not more than 99 years or
less than 15 years, and a fine not to exceed $250,000, if the amount
of the controlled substance to which the offense applies is, by
aggregate weight, including adulterants or dilutants, 400 grams or
more.
SECTION 3. Section 481.1121(b), Health and Safety Code, is
amended to read as follows:
(b) An offense under this section is:
(1) a state jail felony if the number of abuse units of
the controlled substance is fewer than 20;
(2) a felony of the second degree if the number of
abuse units of the controlled substance is 20 or more but fewer than
80;
(3) a felony of the first degree if the number of abuse
units of the controlled substance is 80 or more but fewer than
4,000; and
(4) a felony of the first degree punishable by
imprisonment in the Texas Department of Criminal Justice for life
or for a term of not more than 99 years or less than 15 years and a
fine not to exceed $250,000, if the number of abuse units of the
controlled substance is 4,000 or more.
SECTION 4. Sections 481.1123(b), (d), (e), and (f), Health
and Safety Code, are amended to read as follows:
(b) An offense under Subsection (a) is a [state jail] felony
of the third degree if the amount of the controlled substance to
which the offense applies is, by aggregate weight, including
adulterants or dilutants, less than one gram.
(d) An offense under Subsection (a) is a felony of the first
degree punishable by imprisonment in the Texas Department of
Criminal Justice for life or for a term of not more than 99 years or
less than 10 years, and a fine not to exceed $20,000, if the amount
of the controlled substance to which the offense applies is, by
aggregate weight, including adulterants or dilutants, four grams or
more but less than 200 grams.
(e) An offense under Subsection (a) is a felony of the first
degree punishable by imprisonment in the Texas Department of
Criminal Justice for life or for a term of not more than 99 years or
less than 15 years, and a fine not to exceed $200,000, if the amount
of the controlled substance to which the offense applies is, by
aggregate weight, including adulterants or dilutants, 200 grams or
more but less than 400 grams.
(f) An offense under Subsection (a) is a felony of the first
degree punishable by imprisonment in the Texas Department of
Criminal Justice for life or for a term of not more than 99 years or
less than 20 years, and a fine not to exceed $500,000, if the amount
of the controlled substance to which the offense applies is, by
aggregate weight, including adulterants or dilutants, 400 grams or
more.
SECTION 5. Section 481.113(e), Health and Safety Code, is
amended to read as follows:
(e) An offense under Subsection (a) is a felony of the first
degree punishable by imprisonment in the Texas Department of
Criminal Justice for life or for a term of not more than 99 years or
less than 10 years, and a fine not to exceed $100,000, if the amount
of the controlled substance to which the offense applies is, by
aggregate weight, including adulterants or dilutants, 400 grams or
more.
SECTION 6. Section 481.114(e), Health and Safety Code, is
amended to read as follows:
(e) An offense under Subsection (a) is a felony of the first
degree punishable by imprisonment in the Texas Department of
Criminal Justice for life or for a term of not more than 99 years or
less than 10 years, and a fine not to exceed $100,000, if the amount
of the controlled substance to which the offense applies is, by
aggregate weight, including any adulterants or dilutants, 400 grams
or more.
SECTION 7. Section 481.115(f), Health and Safety Code, is
amended to read as follows:
(f) An offense under Subsection (a) is a felony of the first
degree punishable by imprisonment in the Texas Department of
Criminal Justice for life or for a term of not more than 99 years or
less than 10 years, and a fine not to exceed $100,000, if the amount
of the controlled substance possessed is, by aggregate weight,
including adulterants or dilutants, 400 grams or more.
SECTION 8. Section 481.1151(b), Health and Safety Code, is
amended to read as follows:
(b) An offense under this section is:
(1) a state jail felony if the number of abuse units of
the controlled substance is fewer than 20;
(2) a felony of the third degree if the number of abuse
units of the controlled substance is 20 or more but fewer than 80;
(3) a felony of the second degree if the number of
abuse units of the controlled substance is 80 or more but fewer than
4,000;
(4) a felony of the first degree if the number of abuse
units of the controlled substance is 4,000 or more but fewer than
8,000; and
(5) a felony of the first degree punishable by
imprisonment in the Texas Department of Criminal Justice for life
or for a term of not more than 99 years or less than 15 years and a
fine not to exceed $250,000, if the number of abuse units of the
controlled substance is 8,000 or more.
SECTION 9. Section 481.116(e), Health and Safety Code, is
amended to read as follows:
(e) An offense under Subsection (a) is a felony of the first
degree punishable by imprisonment in the Texas Department of
Criminal Justice for life or for a term of not more than 99 years or
less than five years, and a fine not to exceed $50,000, if the
amount of the controlled substance possessed is, by aggregate
weight, including adulterants or dilutants, 400 grams or more.
SECTION 10. Section 481.1161(b), Health and Safety Code, is
amended to read as follows:
(b) An offense under this section is:
(1) a Class B misdemeanor if the amount of the
controlled substance possessed is, by aggregate weight, including
adulterants or dilutants, two ounces or less;
(2) a Class A misdemeanor if the amount of the
controlled substance possessed is, by aggregate weight, including
adulterants or dilutants, four ounces or less but more than two
ounces;
(3) a state jail felony if the amount of the controlled
substance possessed is, by aggregate weight, including adulterants
or dilutants, five pounds or less but more than four ounces;
(4) a felony of the third degree if the amount of the
controlled substance possessed is, by aggregate weight, including
adulterants or dilutants, 50 pounds or less but more than 5 pounds;
(5) a felony of the second degree if the amount of the
controlled substance possessed is, by aggregate weight, including
adulterants or dilutants, 2,000 pounds or less but more than 50
pounds; and
(6) a felony of the first degree punishable by
imprisonment in the Texas Department of Criminal Justice for life
or for a term of not more than 99 years or less than 5 years, and a
fine not to exceed $50,000, if the amount of the controlled
substance possessed is, by aggregate weight, including adulterants
or dilutants, more than 2,000 pounds.
SECTION 11. Section 481.117(e), Health and Safety Code, is
amended to read as follows:
(e) An offense under Subsection (a) is a felony of the first
degree punishable by imprisonment in the Texas Department of
Criminal Justice for life or for a term of not more than 99 years or
less than five years, and a fine not to exceed $50,000, if the
amount of the controlled substance possessed is, by aggregate
weight, including adulterants or dilutants, 400 grams or more.
SECTION 12. Section 481.118(e), Health and Safety Code, is
amended to read as follows:
(e) An offense under Subsection (a) is a felony of the first
degree punishable by imprisonment in the Texas Department of
Criminal Justice for life or for a term of not more than 99 years or
less than five years, and a fine not to exceed $50,000, if the
amount of the controlled substance possessed is, by aggregate
weight, including adulterants or dilutants, 400 grams or more.
SECTION 13. Section 481.120(b), Health and Safety Code, is
amended to read as follows:
(b) An offense under Subsection (a) is:
(1) a Class B misdemeanor if the amount of marihuana
delivered is one-fourth ounce or less and the person committing the
offense does not receive remuneration for the marihuana;
(2) a Class A misdemeanor if the amount of marihuana
delivered is one-fourth ounce or less and the person committing the
offense receives remuneration for the marihuana;
(3) a state jail felony if the amount of marihuana
delivered is five pounds or less but more than one-fourth ounce;
(4) a felony of the second degree if the amount of
marihuana delivered is 50 pounds or less but more than five pounds;
(5) a felony of the first degree if the amount of
marihuana delivered is 2,000 pounds or less but more than 50 pounds;
and
(6) a felony of the first degree punishable by
imprisonment in the Texas Department of Criminal Justice for life
or for a term of not more than 99 years or less than 10 years, and a
fine not to exceed $100,000, if the amount of marihuana delivered is
more than 2,000 pounds.
SECTION 14. Section 481.121(b), Health and Safety Code, is
amended to read as follows:
(b) An offense under Subsection (a) is:
(1) a Class B misdemeanor if the amount of marihuana
possessed is two ounces or less;
(2) a Class A misdemeanor if the amount of marihuana
possessed is four ounces or less but more than two ounces;
(3) a state jail felony if the amount of marihuana
possessed is five pounds or less but more than four ounces;
(4) a felony of the third degree if the amount of
marihuana possessed is 50 pounds or less but more than 5 pounds;
(5) a felony of the second degree if the amount of
marihuana possessed is 2,000 pounds or less but more than 50 pounds;
and
(6) a felony of the first degree punishable by
imprisonment in the Texas Department of Criminal Justice for life
or for a term of not more than 99 years or less than 5 years, and a
fine not to exceed $50,000, if the amount of marihuana possessed is
more than 2,000 pounds.
SECTION 15. Section 481.126(a), Health and Safety Code, is
amended to read as follows:
(a) A person commits an offense if the person:
(1) barters property or expends funds the person knows
are derived from the commission of a first degree felony [an]
offense under this chapter punishable by imprisonment in the Texas
Department of Criminal Justice for life;
(2) barters property or expends funds the person knows
are derived from the commission of an offense under Section
481.121(a) that is punishable under Section 481.121(b)(5);
(3) barters property or finances or invests funds the
person knows or believes are intended to further the commission of
an offense for which the punishment is described by Subdivision
(1); or
(4) barters property or finances or invests funds the
person knows or believes are intended to further the commission of
an offense under Section 481.121(a) that is punishable under
Section 481.121(b)(5).
SECTION 16. Section 481.134(c), Health and Safety Code, as
amended by Chapters 584 (S.B. 768) and 807 (H.B. 1540), Acts of the
87th Legislature, Regular Session, 2021, is reenacted and amended
to read as follows:
(c) The minimum term of confinement or imprisonment for an
offense otherwise punishable under Section 481.112(c), (d), (e), or
(f), 481.1121(b)(2), (3), or (4), 481.1123(b), (c) [481.1123(c)],
(d), (e), or (f), 481.113(c), (d), or (e), 481.114(c), (d), or (e),
481.115(c)-(f), 481.1151(b)(2), (3), (4), or (5), 481.116(c), (d),
or (e), 481.1161(b)(4), (5), or (6), 481.117(c), (d), or (e),
481.118(c), (d), or (e), 481.120(b)(4), (5), or (6), or
481.121(b)(4), (5), or (6) is increased by five years and the
maximum fine for the offense is doubled if it is shown on the trial
of the offense that the offense was committed:
(1) in, on, or within 1,000 feet of the premises of a
school, the premises of a public or private youth center, or a
playground;
(2) on a school bus; or
(3) by any unauthorized person 18 years of age or
older, in, on, or within 1,000 feet of premises owned, rented, or
leased by a general residential operation operating as a
residential treatment center.
SECTION 17. Section 71.02(a), Penal Code, is amended to
read as follows:
(a) A person commits an offense if, with the intent to
establish, maintain, or participate in a combination or in the
profits of a combination or as a member of a criminal street gang,
the person commits or conspires to commit one or more of the
following:
(1) murder, capital murder, arson, aggravated
robbery, robbery, burglary, theft, aggravated kidnapping,
kidnapping, aggravated assault, aggravated sexual assault, sexual
assault, continuous sexual abuse of young child or disabled
individual, solicitation of a minor, forgery, deadly conduct,
assault punishable as a Class A misdemeanor, burglary of a motor
vehicle, or unauthorized use of a motor vehicle;
(2) any gambling offense punishable as a Class A
misdemeanor;
(3) promotion of prostitution, aggravated promotion
of prostitution, or compelling prostitution;
(4) unlawful manufacture, transportation, repair, or
sale of firearms or prohibited weapons;
(5) unlawful manufacture, delivery, dispensation, or
distribution of a controlled substance or dangerous drug, or
unlawful possession of a controlled substance or dangerous drug
through forgery, fraud, misrepresentation, or deception;
(5-a) causing the unlawful delivery, dispensation, or
distribution of a controlled substance or dangerous drug in
violation of Subtitle B, Title 3, Occupations Code;
(5-b) unlawful possession with intent to deliver a
controlled substance listed in Penalty Group 1-B under Section
481.1022, Health and Safety Code;
(6) any unlawful wholesale promotion or possession of
any obscene material or obscene device with the intent to wholesale
promote the same;
(7) any offense under Subchapter B, Chapter 43,
depicting or involving conduct by or directed toward a child
younger than 18 years of age;
(8) any felony offense under Chapter 32;
(9) any offense under Chapter 36;
(10) any offense under Chapter 34, 35, or 35A;
(11) any offense under Section 37.11(a);
(12) any offense under Chapter 20A;
(13) any offense under Section 37.10;
(14) any offense under Section 38.06, 38.07, 38.09, or
38.11;
(15) any offense under Section 42.10;
(16) any offense under Section 46.06(a)(1) or 46.14;
(17) any offense under Section 20.05 or 20.06;
(18) any offense under Section 16.02; or
(19) any offense classified as a felony under the Tax
Code.
SECTION 18. The change in law made by this Act to Section
193.005, Health and Safety Code, applies only to a death that occurs
on or after the effective date of this Act, or a death that occurs
before that date but is discovered on or after the effective date of
this Act.
SECTION 19. The changes in law made by this Act to Chapter
481, Health and Safety Code, and Section 71.02, Penal Code, apply
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 occurred
before that date.
SECTION 20. To the extent of any conflict, this Act prevails
over another Act of the 88th Legislature, Regular Session, 2023,
relating to nonsubstantive additions to and corrections in enacted
codes.
SECTION 21. This Act takes effect September 1, 2023.
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