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A BILL TO BE ENTITLED
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AN ACT
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relating to the offense of murder committed by the manufacture or |
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delivery of certain controlled substances. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 19.02, Penal Code, is amended by |
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amending Subsection (b) and adding Subsection (e) to read as |
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follows: |
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(b) A person commits an offense if the person [he]: |
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(1) intentionally or knowingly causes the death of an |
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individual; |
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(2) intends to cause serious bodily injury and commits |
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an act clearly dangerous to human life that causes the death of an |
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individual; [or] |
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(3) commits or attempts to commit a felony, other than |
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manslaughter, and in the course of and in furtherance of the |
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commission or attempt, or in immediate flight from the commission |
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or attempt, the person [he] commits or attempts to commit an act |
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clearly dangerous to human life that causes the death of an |
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individual; or |
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(4) knowingly manufactures or delivers a controlled |
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substance listed in Penalty Group 1-B under Section 481.1022, |
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Health and Safety Code, in violation of Section 481.1123, Health |
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and Safety Code, and an individual dies as a result of injecting, |
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ingesting, inhaling, or introducing into the individual's body any |
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amount of the controlled substance manufactured or delivered by the |
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actor, regardless of whether the controlled substance was used by |
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itself or with another substance, including a drug, adulterant, or |
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dilutant. |
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(e) It is a defense to prosecution under Subsection (b)(4) |
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that the actor's conduct in manufacturing or delivering the |
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controlled substance was authorized under Chapter 481, Health and |
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Safety Code, or other state or federal law. |
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SECTION 2. 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 19.02(b)(4), Penal |
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Code, for conduct occurring during the same criminal episode. |
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SECTION 3. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense was |
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committed before that date. |
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SECTION 4. This Act takes effect September 1, 2023. |