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Enrolled Bill Summary

Enrolled Bill Summary

Legislative Session: 82(R)

Senate Bill 158

Senate Author:  Williams

Effective:  9-1-11

House Sponsor:  Fletcher et al.


            Senate Bill 158 amends the Health and Safety Code to create the offense of diversion of a controlled substance by registrants, dispensers, and certain other persons and to establish penalties ranging from a state jail felony to a third degree felony.  The bill expands the conditions that constitute an offense of fraud under the Texas Controlled Substances Act to include conduct involving obtaining or attempting to obtain a controlled substance or a prescription for such a substance from a practitioner in a certain fraudulent manner, and establishes penalties ranging from a Class A misdemeanor to a second degree felony.

            Senate Bill 158 amends the Penal Code to expand the conditions that constitute the offense of engaging in organized criminal activity to include causing the unlawful delivery, dispensation, or distribution of a controlled substance or dangerous drug in violation of the Medical Practice Act and to revise provisions relating to the admissibility of evidence as mitigation at the punishment hearing for an offense of engaging in organized criminal activity.