By Hochberg H.B. No. 159 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the punishment for certain offenses in regard to which 1-3 the defendant is criminally responsible for the conduct of a person 1-4 younger than 17 years of age. 1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-6 SECTION 1. Subchapter D, Chapter 12, Penal Code, is amended 1-7 by adding Section 12.48 to read as follows: 1-8 Sec. 12.48. PENALTY IF CRIME COMMITTED BY MINOR FOR WHOM 1-9 ACTOR IS CRIMINALLY RESPONSIBLE. (a) Except as provided by 1-10 Subsection (c) of this section, the punishment prescribed for an 1-11 offense is increased in the manner provided by Subsection (b) of 1-12 this section if it is shown on the trial of the offense that: 1-13 (1) the defendant is guilty of the offense because the 1-14 defendant is criminally responsible for the conduct of another 1-15 under Section 7.02 of this code; 1-16 (2) the defendant was 19 years of age or older at the 1-17 time the person committed the conduct; and 1-18 (3) the person for whose conduct the defendant is 1-19 criminally responsible was younger than 17 years of age at the time 1-20 the person committed the conduct. 1-21 (b) If a defendant described by Subsection (a) of this 1-22 section is convicted of a felony of the first degree, the minimum 1-23 term of confinement otherwise prescribed for the offense is 2-1 increased from five years to 10 years. If the defendant is 2-2 convicted of an offense other than a capital felony or a felony of 2-3 the first degree, the punishment prescribed for the offense is 2-4 increased to the punishment prescribed for the next highest 2-5 category of offense. 2-6 (c) This section does not apply to an offense for which the 2-7 punishment otherwise prescribed is the punishment for a capital 2-8 felony. 2-9 SECTION 2. Subchapter D, Chapter 481, Health and Safety Code 2-10 (Texas Controlled Substances Act), is amended by adding Section 2-11 481.1081 to read as follows: 2-12 Sec. 481.1081. PENALTY IF CRIME COMMITTED BY MINOR FOR WHOM 2-13 ACTOR IS CRIMINALLY RESPONSIBLE. (a) The punishment prescribed 2-14 for an offense under this subchapter is increased in the manner 2-15 provided by Subsection (b) if it is shown on the trial of the 2-16 offense that: 2-17 (1) the defendant is guilty of the offense because the 2-18 defendant is criminally responsible for the conduct of another 2-19 under Section 7.02, Penal Code; 2-20 (2) the defendant was 19 years of age or older at the 2-21 time the person committed the conduct; and 2-22 (3) the person for whose conduct the defendant is 2-23 criminally responsible was younger than 17 years of age at the time 2-24 the person committed the conduct. 2-25 (b) If a defendant described by Subsection (a) is convicted 3-1 of a felony of the first degree or an aggravated felony, the 3-2 minimum term of confinement otherwise imposed for the offense is 3-3 increased by five years. If the defendant is convicted of an 3-4 offense other than a felony of the first degree or an aggravated 3-5 felony, the punishment prescribed for the offense is increased to 3-6 the punishment prescribed for the next highest category of offense. 3-7 SECTION 3. (a) The change in law made by this Act applies 3-8 only to the punishment for an offense committed on or after the 3-9 effective date of this Act. For purposes of this section, an 3-10 offense is committed before the effective date of this Act if any 3-11 element of the offense occurs before the effective date. 3-12 (b) An offense committed before the effective date of this 3-13 Act is covered by the law in effect when the offense was committed, 3-14 and the former law is continued in effect for this purpose. 3-15 SECTION 4. The importance of this legislation and the 3-16 crowded condition of the calendars in both houses create an 3-17 emergency and an imperative public necessity that the 3-18 constitutional rule requiring bills to be read on three several 3-19 days in each house be suspended, and this rule is hereby suspended.