By: Shapiro, Carona, Lucio S.B. No. 41 A BILL TO BE ENTITLED AN ACT 1-1 relating to enhancement of the penalty for an offender who 1-2 manufactures or delivers a controlled substance causing death or 1-3 serious bodily injury. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Subchapter D, Chapter 481, Health and Safety 1-6 Code, is amended by adding Section 481.140 to read as follows: 1-7 Sec. 481.140. SERIOUS BODILY INJURY ENHANCEMENT. (a) If it 1-8 is shown at the punishment phase of the trial of an offense under 1-9 Section 481.112, 481.1121, 481.113, or 481.114 that a person 1-10 suffered serious bodily injury by reason of the introduction of the 1-11 controlled substance into the person's body, the punishment for the 1-12 offense is increased to the punishment prescribed for the next 1-13 highest category of the offense. If the offense is a first degree 1-14 felony, the minimum term of confinement for the offense is 1-15 increased to 15 years. 1-16 (b) Subsection (a) applies regardless of whether the 1-17 defendant delivered the controlled substance to the person who 1-18 suffered serious bodily injury or another person. 1-19 (c) In this section, "serious bodily injury" has the meaning 1-20 assigned by Section 1.07(a)(46), Penal Code. 1-21 SECTION 2. The change in law made by this Act applies only 1-22 to an offense committed on or after the effective date of this Act. 1-23 An offense committed before the effective date of this Act is 1-24 covered by the law in effect when the offense was committed, and 2-1 the former law is continued in effect for that purpose. For 2-2 purposes of this section, an offense was committed before the 2-3 effective date of this Act if any element of the offense occurred 2-4 before that date. 2-5 SECTION 3. This Act takes effect September 1, 1999. 2-6 SECTION 4. The importance of this legislation and the 2-7 crowded condition of the calendars in both houses create an 2-8 emergency and an imperative public necessity that the 2-9 constitutional rule requiring bills to be read on three several 2-10 days in each house be suspended, and this rule is hereby suspended.