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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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listed in Penalty Group 1-B causing death; 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. Section 481.141, Health and Safety Code, is |
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amended by adding Subsection (d) to read as follows: |
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(d) Punishment may not be increased under this section if |
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the defendant is also prosecuted under Section 481.142 for conduct |
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occurring during the same criminal episode. |
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SECTION 2. 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 IN PENALTY GROUP 1-B CAUSING DEATH. (a) A |
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person commits an offense if the person knowingly manufactures or |
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delivers a controlled substance listed in Penalty Group 1-B in |
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violation of Section 481.1123 and a person dies 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 a felony of the first |
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degree. |
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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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SECTION 3. 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 4. This Act takes effect September 1, 2023. |