| 1 | 1 | | 89R2592 CJD-D |
|---|
| 2 | 2 | | By: Bumgarner H.B. No. 453 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | |
|---|
| 6 | 6 | | |
|---|
| 7 | 7 | | A BILL TO BE ENTITLED |
|---|
| 8 | 8 | | AN ACT |
|---|
| 9 | 9 | | relating to increasing the criminal penalties for delivery of a |
|---|
| 10 | 10 | | controlled substance in Penalty Group 1-B to a child. |
|---|
| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 12 | 12 | | SECTION 1. Section 481.122(c), Health and Safety Code, is |
|---|
| 13 | 13 | | amended to read as follows: |
|---|
| 14 | 14 | | (c) An offense under this section is a felony of the second |
|---|
| 15 | 15 | | degree, except that an offense under this section is: |
|---|
| 16 | 16 | | (1) a felony of the first degree punishable by |
|---|
| 17 | 17 | | imprisonment in the Texas Department of Criminal Justice for life |
|---|
| 18 | 18 | | or for a term of not more than 99 years or less than 20 years, and a |
|---|
| 19 | 19 | | fine not to exceed $500,000, if the actor delivers a controlled |
|---|
| 20 | 20 | | substance listed in Penalty Group 1-B to a child; or |
|---|
| 21 | 21 | | (2) a capital felony if the actor delivers a |
|---|
| 22 | 22 | | controlled substance listed in Penalty Group 1-B to a child and that |
|---|
| 23 | 23 | | child or another child dies as a result of injecting, ingesting, |
|---|
| 24 | 24 | | inhaling, or introducing into the child's body any amount of the |
|---|
| 25 | 25 | | controlled substance delivered by the actor, regardless of whether |
|---|
| 26 | 26 | | the controlled substance was used by itself or with another |
|---|
| 27 | 27 | | substance, including a drug, adulterant, or dilutant. |
|---|
| 28 | 28 | | SECTION 2. The change in law made by this Act applies only |
|---|
| 29 | 29 | | to an offense committed on or after the effective date of this Act. |
|---|
| 30 | 30 | | An offense committed before the effective date of this Act is |
|---|
| 31 | 31 | | governed by the law in effect on the date the offense was committed, |
|---|
| 32 | 32 | | and the former law is continued in effect for that purpose. For |
|---|
| 33 | 33 | | purposes of this section, an offense was committed before the |
|---|
| 34 | 34 | | effective date of this Act if any element of the offense was |
|---|
| 35 | 35 | | committed before that date. |
|---|
| 36 | 36 | | SECTION 3. This Act takes effect September 1, 2025. |
|---|