|
Senate Bill 768 |
Senate Author: Huffman et al. |
|
Effective: 9-1-21 |
House Sponsor: Johnson, Ann |
Senate Bill 768 amends the Texas Controlled Substances Act, Health and Safety Code, to create Penalty Group 1‑B and to transfer from Penalty Group 1 to Penalty Group 1‑B fentanyl, alpha‑methylfentanyl, and any other derivative of fentanyl. The bill creates an offense for the manufacture or delivery of a substance in Penalty Group 1‑B and establishes a penalty range for the offense based on the aggregate weight of the controlled substance.
Senate Bill 768 amends the Code of Criminal Procedure, Government Code, Occupations Code, and Penal Code to make a defendant adjudged guilty of the offense for an amount that is four grams or greater ineligible for judge‑ordered community supervision, jury‑recommended community supervision, or deferred adjudication community supervision. The bill makes ineligible for release to mandatory supervision an inmate who is serving a sentence for or has been previously convicted of the offense for that amount. The bill also expands the conduct that constitutes the offense of directing the activities of a criminal street gang to include certain conduct involving the offense.
Implementation of a provision of this bill by the Texas Department of Criminal Justice is mandatory only if a specific appropriation is made for that purpose.