By Wise, Chavez, Dunnam, Green H.B. No. 287 76R2241 KEL-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the prosecution of and punishment for an offense in 1-3 which a controlled substance is used to facilitate the commission 1-4 of the offense. 1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-6 SECTION 1. Subchapter D, Chapter 12, Penal Code, is amended 1-7 by adding Section 12.48 to read as follows: 1-8 Sec. 12.48. PENALTY IF CONTROLLED SUBSTANCE USED TO COMMIT 1-9 OFFENSE. If the court makes an affirmative finding under Article 1-10 42.015, Code of Criminal Procedure, in the punishment phase of the 1-11 trial of an offense under Chapter 29, Chapter 31, or Title 5, other 1-12 than a first degree felony or a Class A misdemeanor, the punishment 1-13 for the offense is increased to the punishment prescribed for the 1-14 next highest category of offense. If the offense is a Class A 1-15 misdemeanor, the minimum term of confinement for the offense is 1-16 increased to 180 days. 1-17 SECTION 2. Chapter 42, Code of Criminal Procedure, is 1-18 amended by adding Article 42.015 to read as follows: 1-19 Art. 42.015. FINDING THAT CONTROLLED SUBSTANCE USED TO 1-20 COMMIT OFFENSE. In the punishment phase of the trial of an offense 1-21 under Chapter 29, Chapter 31, or Title 5, Penal Code, if the court 1-22 determines beyond a reasonable doubt that the defendant 1-23 administered or provided a controlled substance to the victim of 1-24 the offense with the intent of facilitating the commission of the 2-1 offense, the court shall make an affirmative finding of that fact 2-2 and enter the affirmative finding in the judgment of that case. 2-3 SECTION 3. The change in the law made by this Act applies 2-4 only to an offense committed on or after the effective date of this 2-5 Act. An offense committed before the effective date of this Act is 2-6 covered by the law in effect when the offense was committed, and 2-7 the former law is continued in effect for that purpose. For 2-8 purposes of this section, an offense was committed before the 2-9 effective date of this Act if any element of the offense occurred 2-10 before that date. 2-11 SECTION 4. This Act takes effect September 1, 1999. 2-12 SECTION 5. The importance of this legislation and the 2-13 crowded condition of the calendars in both houses create an 2-14 emergency and an imperative public necessity that the 2-15 constitutional rule requiring bills to be read on three several 2-16 days in each house be suspended, and this rule is hereby suspended.