By Harris S.B. No. 310 74R3597 NSC-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to enhancement of the penalty for offenders who deliver 1-3 controlled substances or drug paraphernalia to pregnant women. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Subchapter D, Chapter 481, Health and Safety 1-6 Code, is amended by adding Section 481.136 to read as follows: 1-7 Sec. 481.136. PENALTY FOR DELIVERY OF CONTROLLED SUBSTANCE 1-8 TO PREGNANT WOMAN. (a) The punishment for an offense under 1-9 Section 481.112, 481.113, 481.114, 481.119, 481.123, or 481.125 is 1-10 enhanced to the punishment for the next higher category of offense 1-11 if it is shown on the trial of the offense that the defendant 1-12 knowingly delivered a controlled substance or drug paraphernalia to 1-13 another who, at the time of the offense, the defendant knew or 1-14 should have known was a pregnant woman. 1-15 (b) If the offense for which punishment is enhanced under 1-16 Subsection (a) is an aggravated offense or a felony of the first 1-17 degree, the minimum term of confinement or imprisonment for the 1-18 offense is increased by five years and the maximum fine for the 1-19 offense is doubled. 1-20 (c) In this section, "aggravated offense" means an offense 1-21 that is punishable by: 1-22 (1) a minimum term of imprisonment that is longer than 1-23 the minimum term of imprisonment for a felony of the first degree; 1-24 or 2-1 (2) a maximum fine that is greater than the maximum 2-2 fine for a felony of the first degree. 2-3 SECTION 2. (a) The change in law made by this Act applies 2-4 only to the punishment for an offense committed on or after the 2-5 effective date of this Act. For purposes of this section, an 2-6 offense is committed before the effective date of this Act if any 2-7 element of the offense occurs before the effective date. 2-8 (b) An offense committed before the effective date of this 2-9 Act is covered by the law in effect when the offense was committed, 2-10 and the former law is continued in effect for this purpose. 2-11 SECTION 3. This Act takes effect September 1, 1995. 2-12 SECTION 4. The importance of this legislation and the 2-13 crowded condition of the calendars in both houses create an 2-14 emergency and an imperative public necessity that the 2-15 constitutional rule requiring bills to be read on three several 2-16 days in each house be suspended, and this rule is hereby suspended.