SRC-JBJ C.S.S.B. 6 76(R)BILL ANALYSIS


Senate Research CenterC.S.S.B. 6
76R11765 PEP-DBy: Shapiro
Criminal Justice
4/9/1999
Committee Report (Substituted)


DIGEST 

Currently, a dealer of illegal drugs may use a minor to sell the drugs to
the minor's peers, but the law does not provide for prosecution against the
dealer.  The legislature could create an offense for when a person
requests, commands, or attempts to induce a minor to engage in illegal
conduct, or make a minor a party to the offense of delivery of the certain
drugs.  The "criminal solicitation of a minor" offense would be an offense
one category below the punishment for delivery of the drug, which makes the
offender ineligible for community supervision, certain releases on parole,
and release on mandatory supervision.  C.S.S.B. 6 creates criminal
punishment guidelines for a defendant convicted of soliciting a minor to
deliver a controlled substance. 

PURPOSE

As proposed, C.S.S.B. 6 creates the offense of criminal solicitation of a
minor. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Sections 15.03, Penal Code, by amending Subsections (a)
and (d) and adding Subsections (e) and (f), to provide that a person
commits an offense if the person requests, commands, or attempts to induce
another to engage in certain conduct that the actor believes to be a
felony, and with the intent that an offense under Chapter 481, Health and
Safety Code, for the delivery of a controlled substance be committed.  Sets
forth offenses under this section which are certain felonies, except as
provided by Subsection (e).  Sets forth the penalty groups for the
punishment of the delivery of a controlled substance and for marihuana.
Provides that the offense is a Class C misdemeanor, under certain
conditions.  Requires the offender who solicits the delivery of a
controlled substance to be prosecuted under Section 15.031.  Makes
conforming and nonsubstantive changes. 

SECTION 2.  Amends Section 15.031(a), Penal Code, to provide that a person
commits an offense if the offense is committed with the intent that an
offense is punishable under Section 481.112(c)-(f), Health and Safety Code,
or an offense listed by Section 3(g)(1)(A)-(H), Article 42.12, if the
person requests, commands, or attempts to induce a minor to engage in
specific conduct that, under the circumstances surrounding the actor's
conduct as the actor believes them to be, would constitute the offense
punishable under Section 481.112 or the offense listed by Section 3(g)(1),
rather than Article 42.12, or make the minor a party to the commission of
the offense punishable under Section 481.112 or the offense listed by
Section 3(g)(1).  Makes conforming changes. 

SECTION 3. Amends Section 3g(a), Article 42.12, Code of Criminal Procedure,
to provide that the provisions of Section 3 do not apply to Section 15.031,
Penal Code, if the offense solicited by the actor is an offense punishable
under Section 481.112(c)-(f), Health and Safety Code.  Makes conforming
changes. 

SECTION 4.  Amends Section 508.145(d), Government Code, to provide that an
inmate serving a sentence for an offense described by Section 3g(a)(1)(I),
Article 42.12, Code of Criminal Procedure, is not eligible for release on
parole until a certain date. 

SECTION 5.  Amends Section 508.149(a), Government Code, to prohibit an
inmate from mandatory supervision if the inmate committed a felony under
Section 15.031, Penal Code, if the offense solicited  by the actor is an
offense punishable under Section 481.112(c)-(f), Health and Safety Code.   

SECTION 6.  (a)  Enacts Section 311.031(c), Government Code.  Enacts
Section 508.149(a), Government Code. 

(b)  Provides that this Act controls over any other Act of the 76th
Legislature, to the extent of any conflict. 

SECTION 7.Makes application of this Act prospective.

SECTION 8.Effective date: September 1, 1999. 

SECTION 9. Emergency clause.

SUMMARY OF COMMITTEE CHANGES

SECTION 1. 

Amends Section 15.03, Penal Code, by amending Subsections (a) and (d) and
adding Subsections (e) and (f) regarding the intent and punishment of
certain offenses for certain controlled substances and marihuana. 

 Redesignates SECTIONS 1-8 as SECTIONS 2-9.