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