HBA-RBT C.S.S.B. 41 76(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.S.B. 41
By: Shapiro
Criminal Jurisprudence
5/19/1999
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Currently, Texas law provides for a felony conviction of a drug dealer;
however, the punishment for conviction of standard drug delivery is a
maximum of two years in a state jail facility.  The law does not take into
account whether the person to whom the drug dealer sold drugs lives or
dies.  C.S.S.B. 41 enhances the penalty for an offender who manufactures or
delivers a controlled substance causing serious bodily injury. 

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.  Amends Chapter 481D, Health and Safety Code, by adding Section
481.140, as follows: 

Sec. 481.140.  SERIOUS BODILY INJURY ENHANCEMENT.  Provides that if it is
shown at the punishment phase of a trial, regarding certain offenses, that
a person suffered serious bodily injury by reason of the introduction of a
controlled substance into the person's body, the punishment for the offense
prescribed is increased to the next highest category of the offense.
Provides that the increase applies regardless of whether the defendant
delivered the controlled substance to the person who suffered serious
bodily injury or to another person. Defines "serious bodily injury." 

SECTION 2.  Makes application of this Act prospective.

SECTION 3.  Effective date: September 1, 1999.

SECTION 4.  Emergency clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute differs from the original in SECTION 1 by deleting the
provision of proposed Section 481.140, Health and Safety Code which
increased the minimum term of confinement for a first degree felony to 15
years under this section.