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.