HBA-NMO H.B. 2227 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 2227 By: Homer Criminal Jurisprudence 4/10/1999 Introduced BACKGROUND AND PURPOSE Section 7.02(a)(1), Penal Code provides that a person is criminally responsible for an offense committed by the conduct of another if the person causes or aids an innocent or nonresponsible person to commit the offense. Adults seeking to profit from the sale of controlled substances, sometimes recruit minors to deliver the controlled substances. H.B. 2227 requires that a defendant convicted of an offense involving the delivery of a controlled substance be punished by imprisonment in the institutional division of the Texas Department of Criminal Justice for life, without parole, if the defendant is convicted under the provisions of Section 7.02(a)(1), Penal Code, and the person for whom the defendant is criminally responsible was a child younger than 17 years of age at the time of the commission of the offense. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Subchapter D, Chapter 481, Health and Safety Code, is amended by adding Section 481.1221, as follows: Sec. 481.1221. DELIVERY OFFENSE FACILITATED BY MINOR. Requires that a defendant convicted of an offense involving the delivery of a controlled substance be punished by imprisonment in the institutional division of the Texas Department of Criminal Justice for life if the defendant is convicted because under the provisions of Section 7.02(a)(1), Penal Code, the defendant is criminally responsible for the conduct of another, and the person for whom the defendant is criminally responsible was a child younger than 17 years of age at the time of the commission of the offense. SECTION 2. Amends Section 508.145(a), Government Code, to provide that an inmate serving a life sentence under Section 481.1221, Health and Safety Code, in addition to an inmate under sentence of death, is not eligible for parole. SECTION 3. Makes application of this Act prospective. SECTION 4. Effective date: September 1, 1999. SECTION 5. Emergency clause.