1-1 By: Shapiro, Carona, Lucio S.B. No. 41 1-2 (In the Senate - Filed November 9, 1998; January 26, 1999, 1-3 read first time and referred to Committee on Criminal Justice; 1-4 March 15, 1999, reported adversely, with favorable Committee 1-5 Substitute by the following vote: Yeas 7, Nays 0; March 15, 1999, 1-6 sent to printer.) 1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 41 By: Shapiro 1-8 A BILL TO BE ENTITLED 1-9 AN ACT 1-10 relating to enhancement of the penalty for an offender who 1-11 manufactures or delivers a controlled substance causing death or 1-12 serious bodily injury. 1-13 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-14 SECTION 1. Subchapter D, Chapter 481, Health and Safety 1-15 Code, is amended by adding Section 481.140 to read as follows: 1-16 Sec. 481.140. SERIOUS BODILY INJURY ENHANCEMENT. (a) If it 1-17 is shown at the punishment phase of the trial of an offense under 1-18 Section 481.112, 481.1121, 481.113, or 481.114 that a person 1-19 suffered serious bodily injury by reason of the introduction of the 1-20 controlled substance into the person's body, the punishment for the 1-21 offense is increased to the punishment prescribed for the next 1-22 highest category of the offense. If the offense is a first degree 1-23 felony, the minimum term of confinement for the offense is 1-24 increased to 15 years. 1-25 (b) Subsection (a) applies regardless of whether the 1-26 defendant delivered the controlled substance to the person who 1-27 suffered serious bodily injury or another person. 1-28 (c) In this section, "serious bodily injury" has the meaning 1-29 assigned by Section 1.07(a)(46), Penal Code. 1-30 SECTION 2. The change in law made by this Act applies only 1-31 to an offense committed on or after the effective date of this Act. 1-32 An offense committed before the effective date of this Act is 1-33 covered by the law in effect when the offense was committed, and 1-34 the former law is continued in effect for that purpose. For 1-35 purposes of this section, an offense was committed before the 1-36 effective date of this Act if any element of the offense occurred 1-37 before that date. 1-38 SECTION 3. This Act takes effect September 1, 1999. 1-39 SECTION 4. The importance of this legislation and the 1-40 crowded condition of the calendars in both houses create an 1-41 emergency and an imperative public necessity that the 1-42 constitutional rule requiring bills to be read on three several 1-43 days in each house be suspended, and this rule is hereby suspended. 1-44 * * * * *