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                                  * * * * *