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Enrolled Bill Summary

Enrolled Bill Summary

Legislative Session: 77(R)

HOUSE BILL 156

HOUSE AUTHOR: Homer et al.

EFFECTIVE: 6-14-01

SENATE SPONSOR: Shapiro

            House Bill 156 amends the Health and Safety Code to provide that the penalty for certain offenses under the Texas Controlled Substances Act is increased one degree if it is established that the defendant used or attempted to use a child younger than 18 years of age to commit or assist in the commission of the offense. The penalty is increased to a first degree felony if the defendant used or threatened to use force against the child or another to gain the child's assistance. The bill prohibits the court from ordering the sentence for the offense to run concurrently with any other sentence the court imposes on the defendant.

            The bill amends the Code of Criminal Procedure to provide that certain provisions relating to court-ordered community supervision do not apply to a person whose punishment has been increased for using a child in the commission of an offense. The bill amends the Government Code to provide that an inmate may not be released to mandatory supervision if the person was convicted of a felony and the penalty was increased for using a child in the commission of the offense.