SRC-JBJ S.B. 1632 76(R)   BILL ANALYSIS


Senate Research Center   S.B. 1632
76R4901 PEP-DBy: Shapiro
Criminal Justice
4/15/1999
As Filed


DIGEST 

Currently, the purchase of drugs, in itself, is not considered illegal;
only the possession or delivery of the drugs, however, is punishable.  S.B.
1631 would create an offense for the criminal solicitation of certain
controlled substances, and provide penalties accordingly.   

PURPOSE

As proposed, S.B. 1632 creates an offense for the criminal solicitation of
certain controlled substances, and provides a penalty. 

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 Section 15.03, Penal Code by amending Subsections (a)
and (d) and adding Subsection (e), to provide that a person commits an
offense, with intent to deliver certain controlled substances, if the
person requests, commands, or attempts to induce another person to engage
in certain felonious conduct.  Provides that an offense under this section
is a felony, except as provided by Subsection (e).  Provides that the
punishment for the solicitation of the delivery of a controlled substance
is determined according to the penalty group of the controlled substance
and the amount of the solicited substance, except for marihuana, in which
case the punishment is determined according to the amount of marihuana
solicited.  Sets forth the penalty groups for the controlled substances and
for marihuana. Provides that if an actor solicits delivery of the substance
but does not solicit delivery of a specific amount, the offense is Class B
misdemeanor. 

SECTION 2.Makes application of this Act prospective.

SECTION 3.Effective date: September 1, 1999.

SECTION 4.Emergency clause.