| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
| |
|
|
relating to the designation of fentanyl toxicity 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) The medical certification on a death certificate must |
|
|
include the term "Fentanyl Toxicity" if: |
|
|
(1) a toxicology examination reveals a controlled |
|
|
substance listed in Penalty Group 1-B present in the body of the |
|
|
decedent in an amount or concentration that is considered to be |
|
|
lethal by generally accepted scientific standards; and |
|
|
(2) the results of an autopsy performed on the |
|
|
decedent are consistent with an opioid overdose as the cause of |
|
|
death. |
|
|
SECTION 2. Section 481.102, Health and Safety Code, is |
|
|
amended to read as follows: |
|
|
Sec. 481.102. PENALTY GROUP 1. Penalty Group 1 consists |
|
|
of: |
|
|
(1) the following opiates, including their isomers, |
|
|
esters, ethers, salts, and salts of isomers, esters, and ethers, |
|
|
unless specifically excepted, if the existence of these isomers, |
|
|
esters, ethers, and salts is possible within the specific chemical |
|
|
designation: |
|
|
[Alfentanil;] |
|
|
Allylprodine; |
|
|
Alphacetylmethadol; |
|
|
Benzethidine; |
|
|
Betaprodine; |
|
|
Clonitazene; |
|
|
Diampromide; |
|
|
Diethylthiambutene; |
|
|
Difenoxin not listed in Penalty Group 3 or 4; |
|
|
Dimenoxadol; |
|
|
Dimethylthiambutene; |
|
|
Dioxaphetyl butyrate; |
|
|
Dipipanone; |
|
|
Ethylmethylthiambutene; |
|
|
Etonitazene; |
|
|
Etoxeridine; |
|
|
Furethidine; |
|
|
Hydroxypethidine; |
|
|
Ketobemidone; |
|
|
Levophenacylmorphan; |
|
|
Meprodine; |
|
|
Methadol; |
|
|
Moramide; |
|
|
Morpheridine; |
|
|
Noracymethadol; |
|
|
Norlevorphanol; |
|
|
Normethadone; |
|
|
Norpipanone; |
|
|
Phenadoxone; |
|
|
Phenampromide; |
|
|
Phenomorphan; |
|
|
Phenoperidine; |
|
|
Piritramide; |
|
|
Proheptazine; |
|
|
Properidine; |
|
|
Propiram; |
|
|
[Sufentanil;] |
|
|
Tilidine; and |
|
|
Trimeperidine; |
|
|
(2) the following opium derivatives, their salts, |
|
|
isomers, and salts of isomers, unless specifically excepted, if the |
|
|
existence of these salts, isomers, and salts of isomers is possible |
|
|
within the specific chemical designation: |
|
|
Acetorphine; |
|
|
Acetyldihydrocodeine; |
|
|
Benzylmorphine; |
|
|
Codeine methylbromide; |
|
|
Codeine-N-Oxide; |
|
|
Cyprenorphine; |
|
|
Desomorphine; |
|
|
Dihydromorphine; |
|
|
Drotebanol; |
|
|
Etorphine, except hydrochloride salt; |
|
|
Heroin; |
|
|
Hydromorphinol; |
|
|
Methyldesorphine; |
|
|
Methyldihydromorphine; |
|
|
Monoacetylmorphine; |
|
|
Morphine methylbromide; |
|
|
Morphine methylsulfonate; |
|
|
Morphine-N-Oxide; |
|
|
Myrophine; |
|
|
Nicocodeine; |
|
|
Nicomorphine; |
|
|
Normorphine; |
|
|
Pholcodine; and |
|
|
Thebacon; |
|
|
(3) the following substances, however produced, |
|
|
except those narcotic drugs listed in another group: |
|
|
(A) Opium and opiate not listed in Penalty Group |
|
|
3 or 4, and a salt, compound, derivative, or preparation of opium or |
|
|
opiate, other than thebaine derived butorphanol, nalmefene and its |
|
|
salts, naloxone and its salts, and naltrexone and its salts, but |
|
|
including: |
|
|
Codeine not listed in Penalty Group 3 or 4; |
|
|
Dihydroetorphine; |
|
|
Ethylmorphine not listed in Penalty Group 3 |
|
|
or 4; |
|
|
Granulated opium; |
|
|
Hydrocodone not listed in Penalty Group 3; |
|
|
Hydromorphone; |
|
|
Metopon; |
|
|
Morphine not listed in Penalty Group 3; |
|
|
Opium extracts; |
|
|
Opium fluid extracts; |
|
|
Oripavine; |
|
|
Oxycodone; |
|
|
Oxymorphone; |
|
|
Powdered opium; |
|
|
Raw opium; |
|
|
Thebaine; and |
|
|
Tincture of opium; |
|
|
(B) a salt, compound, isomer, derivative, or |
|
|
preparation of a substance that is chemically equivalent or |
|
|
identical to a substance described by Paragraph (A), other than the |
|
|
isoquinoline alkaloids of opium; |
|
|
(C) Opium poppy and poppy straw; |
|
|
(D) Cocaine, including: |
|
|
(i) its salts, its optical, position, and |
|
|
geometric isomers, and the salts of those isomers; |
|
|
(ii) coca leaves and a salt, compound, |
|
|
derivative, or preparation of coca leaves; and |
|
|
(iii) a salt, compound, derivative, or |
|
|
preparation of a salt, compound, or derivative that is chemically |
|
|
equivalent or identical to a substance described by Subparagraph |
|
|
(i) or (ii), other than decocainized coca leaves or extractions of |
|
|
coca leaves that do not contain cocaine or ecgonine; and |
|
|
(E) concentrate of poppy straw, meaning the crude |
|
|
extract of poppy straw in liquid, solid, or powder form that |
|
|
contains the phenanthrine alkaloids of the opium poppy; |
|
|
(4) the following opiates, including their isomers, |
|
|
esters, ethers, salts, and salts of isomers, if the existence of |
|
|
these isomers, esters, ethers, and salts is possible within the |
|
|
specific chemical designation: |
|
|
[Acetyl-alpha-methylfentanyl (N-[1-(1-methyl-2- |
|
|
phenethyl)-4-piperidinyl]-N-phenylacetamide); |
|
|
[Alpha-methylthiofentanyl (N-[1-methyl-2-(2- |
|
|
thienyl)ethyl-4-piperidinyl]-N-phenylpropanamide);] |
|
|
Alphaprodine; |
|
|
Anileridine; |
|
|
[Beta-hydroxyfentanyl (N-[1-(2-hydroxy-2- |
|
|
phenethyl)-4-piperidinyl] -N-phenylpropanamide); |
|
|
[Beta-hydroxy-3-methylfentanyl;] |
|
|
Bezitramide; |
|
|
[Carfentanil;] |
|
|
Dihydrocodeine not listed in Penalty Group 3 or 4; |
|
|
Diphenoxylate not listed in Penalty Group 3 or 4; |
|
|
Isomethadone; |
|
|
Levomethorphan; |
|
|
Levorphanol; |
|
|
Metazocine; |
|
|
Methadone; |
|
|
Methadone-Intermediate, 4-cyano-2-dimethylamino- |
|
|
4, 4-diphenyl butane; |
|
|
[3-methylfentanyl(N-[3-methyl-1-(2-phenylethyl)- |
|
|
4-piperidyl]-N-phenylpropanamide); |
|
|
[3-methylthiofentanyl(N-[3-methyl-1-(2-thienyl) |
|
|
ethyl-4-piperidinyl]-N-phenylpropanamide);] |
|
|
Moramide-Intermediate, 2-methyl-3-morpholino-1, |
|
|
1-diphenyl-propane-carboxylic acid; |
|
|
[Para-fluorofentanyl(N-(4-fluorophenyl)-N-1-(2- |
|
|
phenylethyl)-4-piperidinylpropanamide);] |
|
|
PEPAP (1-(2-phenethyl)-4-phenyl-4- |
|
|
acetoxypiperidine); |
|
|
Pethidine (Meperidine); |
|
|
Pethidine-Intermediate-A, 4-cyano-1-methyl-4- |
|
|
phenylpiperidine; |
|
|
Pethidine-Intermediate-B, ethyl-4- |
|
|
phenylpiperidine-4 carboxylate; |
|
|
Pethidine-Intermediate-C, 1-methyl-4- |
|
|
phenylpiperidine-4-carboxylic acid; |
|
|
Phenazocine; |
|
|
Piminodine; |
|
|
Racemethorphan; and |
|
|
Racemorphan; |
|
|
[Remifentanil; and |
|
|
[Thiofentanyl(N-phenyl-N-[1-(2-thienyl)ethyl-4- |
|
|
piperidinyl]-propanamide);] |
|
|
(5) Flunitrazepam (trade or other name: Rohypnol); |
|
|
(6) Methamphetamine, including its salts, optical |
|
|
isomers, and salts of optical isomers; |
|
|
(7) Phenylacetone and methylamine, if possessed |
|
|
together with intent to manufacture methamphetamine; |
|
|
(8) Phencyclidine, including its salts; |
|
|
(9) Gamma hydroxybutyric acid (some trade or other |
|
|
names: gamma hydroxybutyrate, GHB), including its salts; |
|
|
(10) Ketamine; |
|
|
(11) Phenazepam; |
|
|
(12) U-47700; |
|
|
(13) AH-7921; |
|
|
(14) ADB-FUBINACA; |
|
|
(15) AMB-FUBINACA; and |
|
|
(16) MDMB-CHMICA. |
|
|
SECTION 3. Section 481.1022, Health and Safety Code, is |
|
|
amended to read as follows: |
|
|
Sec. 481.1022. PENALTY GROUP 1-B. Penalty Group 1-B |
|
|
consists of the following opiates, including their isomers, esters, |
|
|
ethers, salts, and salts of isomers, esters, and ethers, if the |
|
|
existence of these isomers, esters, ethers, and salts is possible |
|
|
within the specific chemical designation: |
|
|
Acetyl-alpha-methylfentanyl (N-[1-(1-methyl-2- |
|
|
phenethyl)-4-piperidinyl]-N-phenylacetamide); |
|
|
Alfentanil; |
|
|
Alpha-methylthiofentanyl (N-[1-methyl-2-(2- |
|
|
thienyl)ethyl-4-piperidinyl]-N-phenylpropanamide); |
|
|
Beta-hydroxyfentanyl (N-[1-(2-hydroxy-2- |
|
|
phenethyl)-4-piperidinyl] -N-phenylpropanamide); |
|
|
Beta-hydroxy-3-methylfentanyl; |
|
|
Carfentanil; |
|
|
Fentanyl [fentanyl], alpha-methylfentanyl, and |
|
|
any other derivative of fentanyl; |
|
|
3-methylfentanyl(N-[3-methyl-1-(2-phenylethyl)- |
|
|
4-piperidyl]-N-phenylpropanamide); |
|
|
3-methylthiofentanyl(N-[3-methyl-1-(2-thienyl) |
|
|
ethyl-4-piperidinyl]-N-phenylpropanamide); |
|
|
Para-fluorofentanyl(N-(4-fluorophenyl)-N-1-(2- |
|
|
phenylethyl)-4-piperidinylpropanamide); |
|
|
Remifentanil; |
|
|
Sufentanil; and |
|
|
Thiofentanyl(N-phenyl-N-[1-(2-thienyl)ethyl-4- |
|
|
piperidinyl]-propanamide). |
|
|
SECTION 4. 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 5. 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 6. 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 7. 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 8. 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 9. 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 10. 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 11. 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 12. 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 13. 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 14. 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 15. 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 16. 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 17. 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 18. 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 19. 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 20. 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 included 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 21. 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 22. 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 23. The changes in law made by this Act to Chapter |
|
|
481, Health and Safety Code, and Sections 19.02 and 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 24. 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 25. This Act takes effect September 1, 2023. |
|
|
|
|
|
* * * * * |