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A BILL TO BE ENTITLED
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AN ACT
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relating to the manufacture or delivery of a controlled substance |
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causing death or serious bodily injury; creating a criminal |
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offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter D, Chapter 481, Health and Safety |
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Code, is amended by adding Section 481.142 to read as follows: |
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Sec. 481.142. OFFENSE: MANUFACTURE OR DELIVERY OF |
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CONTROLLED SUBSTANCE CAUSING DEATH OR SERIOUS BODILY INJURY. (a) A |
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person commits an offense if the person knowingly manufactures or |
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delivers a controlled substance in violation of this chapter and a |
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person dies or suffers serious bodily injury as a result of |
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injecting, ingesting, inhaling, or introducing into the person's |
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body any amount of the controlled substance manufactured or |
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delivered by the actor, regardless of whether the controlled |
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substance was used by itself or with another substance, including a |
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drug, adulterant, or dilutant. |
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(b) An offense under this section is: |
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(1) a felony of the second degree if the commission of |
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the offense resulted in serious bodily injury to a person; or |
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(2) a felony of the first degree if the commission of |
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the offense resulted in the death of a person. |
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(c) It is a defense to prosecution under this section that |
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the actor's conduct in manufacturing or delivering the controlled |
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substance was authorized under this chapter or other state or |
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federal law. |
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(d) If conduct constituting an offense under this section |
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also constitutes an offense under another section of this chapter |
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or the Penal Code, the actor may be prosecuted under either section |
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or both sections. |
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(e) Notwithstanding Article 42.08, Code of Criminal |
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Procedure, if a defendant is convicted of an offense under this |
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section, the court may not order the sentence for the offense to run |
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concurrently with any other sentence the court imposes on the |
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defendant. |
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SECTION 2. The changes in law made by this Act apply only to |
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an offense committed on or after the effective date of this Act. An |
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offense committed before the effective date of this Act is governed |
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by the law in effect on the date the offense was committed, and the |
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former law is continued in effect for that purpose. For purposes of |
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this section, an offense was committed before the effective date of |
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this Act if any element of the offense occurred before that date. |
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SECTION 3. This Act takes effect September 1, 2023. |