| 2 | 7 | | |
|---|
| 3 | 8 | | |
|---|
| 4 | 9 | | |
|---|
| 5 | 10 | | |
|---|
| 6 | 11 | | A BILL TO BE ENTITLED |
|---|
| 7 | 12 | | AN ACT |
|---|
| 8 | 13 | | relating to creating the criminal offense of continuous manufacture |
|---|
| 9 | 14 | | or delivery of a controlled substance. |
|---|
| 10 | 15 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 11 | 16 | | SECTION 1. Subchapter D, Chapter 481, Health and Safety |
|---|
| 12 | 17 | | Code, is amended by adding Section 481.142 to read as follows: |
|---|
| 13 | 18 | | Sec. 481.142. CONTINUOUS MANUFACTURE OR DELIVERY OF |
|---|
| 14 | 19 | | CONTROLLED SUBSTANCE. (a) A person commits an offense if, during a |
|---|
| 15 | 20 | | period that is 12 months or less in duration, the person engages two |
|---|
| 16 | 21 | | or more times in conduct that constitutes an offense under Section |
|---|
| 17 | 22 | | 481.112, 481.1121, 481.113, or 481.114. |
|---|
| 18 | 23 | | (b) If a jury is the trier of fact, members of the jury are |
|---|
| 19 | 24 | | not required to agree unanimously on which specific conduct engaged |
|---|
| 20 | 25 | | in by the defendant constituted an offense described by Subsection |
|---|
| 21 | 26 | | (a), the exact date on which that conduct occurred, or the county in |
|---|
| 22 | 27 | | which each instance of the conduct occurred. The jury must agree |
|---|
| 23 | 28 | | unanimously that the defendant, during a period that is 12 months or |
|---|
| 24 | 29 | | less in duration, engaged two or more times in conduct that |
|---|
| 25 | 30 | | constitutes an offense under Section 481.112, 481.1121, 481.113, or |
|---|
| 26 | 31 | | 481.114. |
|---|
| 27 | 32 | | (c) The defendant may not be convicted in the same criminal |
|---|
| 28 | 33 | | action of another offense an element of which is any conduct that is |
|---|
| 29 | 34 | | alleged as an element of the offense under Subsection (a) unless the |
|---|
| 30 | 35 | | other offense: |
|---|
| 31 | 36 | | (1) is charged in the alternative; |
|---|
| 32 | 37 | | (2) occurred outside the period in which the offense |
|---|
| 33 | 38 | | alleged under Subsection (a) was committed; or |
|---|
| 34 | 39 | | (3) is considered by the trier of fact to be a lesser |
|---|
| 35 | 40 | | included offense of the offense alleged under Subsection (a). |
|---|
| 36 | 41 | | (d) A defendant may not be charged with more than one count |
|---|
| 37 | 42 | | under Subsection (a) for conduct occurring during the same period |
|---|
| 38 | 43 | | described by Subsection (a). |
|---|
| 39 | 44 | | (e) An offense under this section is a felony of the third |
|---|
| 40 | 45 | | degree. |
|---|
| 41 | 46 | | SECTION 2. The change in law made by this Act applies only |
|---|
| 42 | 47 | | to an offense committed on or after the effective date of this Act. |
|---|
| 43 | 48 | | An offense committed before the effective date of this Act is |
|---|
| 44 | 49 | | governed by the law in effect at the time the offense was committed, |
|---|
| 45 | 50 | | and the former law is continued in effect for that purpose. For |
|---|
| 46 | 51 | | purposes of this section, an offense was committed before the |
|---|
| 47 | 52 | | effective date of this Act if any element of the offense occurred |
|---|
| 48 | 53 | | before that date. |
|---|
| 49 | 54 | | SECTION 3. This Act takes effect September 1, 2025. |
|---|