By Wise                                          H.B. No. 441

      75R2783 GWK-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the prosecution of and punishment for an offense in

 1-3     which a controlled substance is used to facilitate the commission

 1-4     of the offense.

 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 CONTROLLED SUBSTANCE USED TO COMMIT

 1-9     OFFENSE.  If the court makes an affirmative finding under Article

1-10     42.015, Code of Criminal Procedure, in the punishment phase of the

1-11     trial of an offense under Chapter 29, Chapter 31, or Title 5, other

1-12     than a first degree felony or a Class A misdemeanor, the punishment

1-13     for the offense is increased to the punishment prescribed for the

1-14     next highest category of offense.  If the offense is a Class A

1-15     misdemeanor, the minimum term of confinement for the offense is

1-16     increased to 180 days.

1-17           SECTION 2.  Chapter  42, Code of Criminal Procedure, is

1-18     amended by adding Article 42.015 to read as follows:

1-19           Art. 42.015.  FINDING THAT CONTROLLED SUBSTANCE USED TO

1-20     COMMIT OFFENSE.  In the punishment phase of the trial of an offense

1-21     under Chapter 29, Chapter 31, or Title 5,  Penal Code, if the court

1-22     determines beyond a reasonable doubt that the defendant

1-23     administered  or provided  a controlled substance  to the victim of

1-24     the offense with the intent of  facilitating the  commission of the

 2-1     offense, the court shall make an affirmative finding of that fact

 2-2     and enter the affirmative finding in the  judgment of that case.

 2-3           SECTION 3.  (a)  The change in the law made by this Act

 2-4     applies only to an offense committed on or after the effective date

 2-5     of this Act.  For purposes of this section, an offense is committed

 2-6     before the effective date of this Act if any element of the offense

 2-7     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 that purpose.

2-11           SECTION 4.  This Act takes effect September 1, 1997.

2-12           SECTION 5.  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.