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


Senate Research CenterC.S.S.B. 41
By: Shapiro
Criminal Justice
3/11/1999
Committee Report (Substituted)


DIGEST 

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.  This bill would provide that, a person who is convicted for the
delivery of drugs that results in the death of the user, could be punished
by a mandatory minimum sentence of 15 years in prison or a maximum life
sentence.  

PURPOSE

As proposed, C.S.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.  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.
Establishes that if the offense is a first degree felony, the minimum term
of confinement for the offense is increased to 15 years.  Provides that
Subsection (a) applies regardless of whether the defendant delivered the
controlled substance to the person who suffered serious bodily injury or
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.


SUMMARY OF COMMITTEE CHANGES

SECTION 1.  

Amends Section 481.140, Chapter 481D, Health and Safety Code, to provide a
new heading. Deletes text regarding the inclusion of offenses resulting in
death, as well as text regarding certain punishments and fines.  Adds
Subsection (c), to add a definition of "serious bodily injury."