SRC-JJJ S.B. 41 76(R)   BILL ANALYSIS


Senate Research Center   S.B. 41
76R1143 PEP-DBy: Shapiro
Criminal Justice
2/24/1999
As Filed


DIGEST 

Currently, Texas law provides for a felony conviction of a drug dealers;
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.  This bill would provide that during the penalty phase, a person
convicted for the delivery of drugs that results in the death of the user,
the punishment could be enhanced to a mandatory sentence of a minimum of 15
years in prison or a maximum life sentence.  

PURPOSE

As proposed, S.B. 41 enhances the penalty for an offender who manufactures
or delivers a controlled substance causing death or serious bodily injury. 

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

Sec. 481.140.  MANUFACTURE OR DELIVERY OF CONTROLLED SUBSTANCE CAUSING
DEATH OR SERIOUS BODILY INJURY.  Provides that an offense is punishable by
imprisonment and/or the payment of a fine, if a person dies as a result of
introducing into the body any amount of a controlled substance manufactured
or delivered by the defendant, regardless of whether the substance was used
alone or with another substance.   Provides that Subsection (a) applies
regardless of whether the defendant delivered the controlled substance or
manufactured it for delivery by another person to the person who suffered
death or serious bodily injury or to another person. 

SECTION 2.  Makes application of this Act prospective.

SECTION 3.  Effective date: September 1, 1999.

SECTION 4.  Emergency clause.