By: Place H.B. No. 1314
73R4677 NSC-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to criminal offenses involving prohibited substances in
1-3 penal institutions or on property associated with penal
1-4 institutions and the provision of prohibited substances to inmates
1-5 of penal institutions.
1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-7 SECTION 1. Section 38.112, Penal Code, is amended to read as
1-8 follows:
1-9 Sec. 38.112. Prohibited Substances in Penal Institution or
1-10 on Property of Texas Department of Criminal Justice <Correctional
1-11 Facilities>. (a) A person commits an offense if the person
1-12 provides an alcoholic beverage, controlled substance, or dangerous
1-13 drug to an inmate of a penal institution <municipal or county
1-14 jail>, except on the prescription of a physician.
1-15 (b) A person commits an offense if the person takes an
1-16 alcoholic beverage, <a> controlled substance, or dangerous drug
1-17 into a penal institution, <municipal or county jail or a
1-18 correctional facility authorized by Subchapter F, Chapter 351,
1-19 Local Government Code> except for delivery to a penal institution
1-20 <jail or correctional facility> warehouse, pharmacy, or physician.
1-21 (c) <A person commits an offense if the person provides an
1-22 alcoholic beverage, controlled substance, or dangerous drug to an
1-23 inmate of the institutional division, except on the prescription of
1-24 a physician.>
2-1 <(d)> A person commits an offense if the person takes a
2-2 controlled substance or dangerous drug on property owned, used, or
2-3 controlled by the Texas Department of Criminal Justice <into a
2-4 correctional facility authorized by Chapter 495, Government Code,
2-5 or into the confines of property owned by the institutional
2-6 division and used or occupied by inmates>, except for delivery to a
2-7 <an institutional division or correctional facility> warehouse,
2-8 pharmacy, or physician on property owned, used, or controlled by
2-9 the department.
2-10 (d) <(e)> A person commits an offense if the person
2-11 possesses a controlled substance or dangerous drug while on
2-12 property owned, used, or controlled by the Texas Department of
2-13 Criminal Justice <in the confines of property belonging to the
2-14 institutional division>.
2-15 (e) <(f)> It is an affirmative defense to prosecution under
2-16 Subsection (d) <(e)> of this section that the person possessed the
2-17 controlled substance or dangerous drug pursuant to a prescription
2-18 issued by a practitioner or while delivering the substance or drug
2-19 to a <an institutional division> warehouse, pharmacy, or physician
2-20 on property owned, used, or controlled by the department.
2-21 (f) <(g)> In this section:
2-22 (1) "Alcoholic beverage" has the meaning assigned by
2-23 Section 1.04(1), Alcoholic Beverage Code.
2-24 (2) "Controlled substance" has the meaning assigned by
2-25 Section 481.002, Health and Safety Code.
2-26 (3) "Dangerous drug" has the meaning assigned by
2-27 Section 483.001, Health and Safety Code.
3-1 (4) <"Institutional division" means the institutional
3-2 division of the Texas Department of Criminal Justice.>
3-3 <(5)> "Practitioner" has the meaning assigned by
3-4 Section 481.002, Health and Safety Code.
3-5 (5) <(6)> "Prescription" has the meaning assigned by
3-6 Section 481.002, Health and Safety Code.
3-7 (g) <(h)> An offense under this section is a felony of the
3-8 third degree.
3-9 (h) Notwithstanding Section 15.01(d) of this code, if a
3-10 person commits the offense of criminal attempt to commit an offense
3-11 under Subsection (a) or (b) of this section, the offense committed
3-12 under Section 15.01 of this code is a felony of the third degree.
3-13 SECTION 2. (a) The change in law made by this Act applies
3-14 only to an offense committed on or after the effective date of this
3-15 Act. For purposes of this section, an offense is committed before
3-16 the effective date of this Act if any element of the offense occurs
3-17 before the effective date.
3-18 (b) An offense committed before the effective date of this
3-19 Act is covered by the law in effect when the offense was committed,
3-20 and the former law is continued in effect for that purpose.
3-21 SECTION 3. This Act takes effect September 1, 1993.
3-22 SECTION 4. The importance of this legislation and the
3-23 crowded condition of the calendars in both houses create an
3-24 emergency and an imperative public necessity that the
3-25 constitutional rule requiring bills to be read on three several
3-26 days in each house be suspended, and this rule is hereby suspended.