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A BILL TO BE ENTITLED
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AN ACT
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relating to the designation of fentanyl poisoning for purposes of |
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the death certificate and to the manufacture or delivery of a |
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controlled substance or marihuana causing death or serious bodily |
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injury; creating a criminal offense; increasing a criminal penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 193.005, Health and Safety Code, is |
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amended by adding Subsection (e-1) to read as follows: |
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(e-1) If a toxicology examination reveals a detectable |
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amount of a controlled substance listed in Penalty Group 1-B in the |
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body of the decedent, the medical certification on the death |
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certificate must include the presence of the substance and the term |
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"Fentanyl Poisoning." This subsection does not apply if the |
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decedent at the time of death had a valid prescription for the |
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controlled substance. |
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SECTION 2. Section 481.122(c), Health and Safety Code, is |
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amended to read as follows: |
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(c) An offense under this section is a felony of the second |
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degree, except that the offense is a felony of the first degree if |
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it is shown on the trial of the offense that the person to whom the |
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actor delivered the controlled substance or marihuana died or |
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suffered serious bodily injury as a result of injecting, ingesting, |
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inhaling, or introducing into the person's body any amount of the |
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controlled substance or marihuana manufactured or delivered by the |
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actor, regardless of whether the controlled substance or marihuana |
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was used by itself or with another substance, including a drug, |
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adulterant, or dilutant. |
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SECTION 3. Section 481.141, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 481.141. 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 |
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[If at the guilt or innocence phase of the trial of an offense |
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described by Subsection (b), the judge or jury, whichever is the |
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trier of fact, determines beyond a reasonable doubt that] a person |
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dies [died] or suffers [suffered] serious bodily injury as a result |
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of 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 [defendant], regardless of whether the |
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controlled substance was used by itself or with another substance, |
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including a drug, adulterant, or dilutant[, the punishment for the |
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offense is increased by one degree]. |
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(b) An offense under this section is: |
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(1) [This section applies to an offense otherwise |
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punishable as] a [state jail felony,] felony of the third degree if |
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the commission of the offense resulted in serious bodily injury to a |
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person; or |
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(2) a [, or] felony of the second degree if the |
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commission of the offense resulted in the death of a person [under |
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Section 481.112, 481.1121, 481.1123, 481.113, 481.114, or |
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481.122]. |
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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 [punishment for] a defendant is convicted of an |
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offense [increased] under this section, the court may not order the |
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sentence for the offense to run concurrently with any other |
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sentence the court imposes on the defendant. |
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SECTION 4. The change in law made by this Act to Section |
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193.005, Health and Safety Code, applies only to a death that occurs |
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on or after the effective date of this Act, or a death that occurs |
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before that date but is discovered on or after the effective date of |
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this Act. |
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SECTION 5. The changes in law made by this Act to Chapter |
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481, Health and Safety Code, apply only to an offense committed on |
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or after the effective date of this Act. An offense committed |
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before the effective date of this Act is governed by the law in |
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effect on the date the offense was committed, and the former law is |
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continued in effect for that purpose. For purposes of this section, |
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an offense was committed before the effective date of this Act if |
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any element of the offense occurred before that date. |
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SECTION 6. This Act takes effect September 1, 2023. |