By Shapiro S.B. No. 1632
76R4901 PEP-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to criminal solicitation of certain offenses involving a
1-3 controlled substance; providing a penalty.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 15.03, Penal Code, is amended by amending
1-6 Subsections (a) and (d) and adding Subsection (e) to read as
1-7 follows:
1-8 (a) A person commits an offense if, with intent that a
1-9 capital felony or felony of the first degree be committed, or with
1-10 intent that an offense under Chapter 481, Health and Safety Code,
1-11 for the delivery of a controlled substance be committed, the person
1-12 [he] requests, commands, or attempts to induce another to engage
1-13 in specific conduct that, under the circumstances surrounding the
1-14 other person's [his] conduct as the actor believes them to be,
1-15 would constitute the felony or make the other a party to its
1-16 commission.
1-17 (d) Except as provided by Subsection (e), an [An] offense
1-18 under this section is:
1-19 (1) a felony of the first degree if the offense
1-20 solicited is a capital offense; or
1-21 (2) a felony of the second degree if the offense
1-22 solicited is a felony of the first degree.
1-23 (e) The punishment for the solicitation of the delivery of a
1-24 controlled substance is determined according to the penalty group
2-1 to which the controlled substance is assigned and to the amount of
2-2 the controlled substance for which delivery is solicited, unless
2-3 the substance is marihuana, in which event the punishment is
2-4 determined according to the amount of marihuana for which delivery
2-5 is solicited. The punishment for solicitation of delivery of a
2-6 controlled substance listed in a penalty group is one category
2-7 lower than the punishment applicable to a person who delivers a
2-8 controlled substance in that penalty group and in the same amount
2-9 as the amount solicited by the actor. The punishment for
2-10 solicitation of marihuana is one category lower than the punishment
2-11 applicable to a person who delivers marihuana in the same amount as
2-12 the amount solicited by the actor. An offense under this section
2-13 is a Class B misdemeanor if the actor solicits delivery of a
2-14 controlled substance but does not solicit delivery of a specific
2-15 amount.
2-16 SECTION 2. The change in law made by this Act applies only
2-17 to an offense committed on or after the effective date of this Act.
2-18 An offense committed before the effective date of this Act is
2-19 covered by the law in effect when the offense was committed, and
2-20 the former law is continued in effect for that purpose. For
2-21 purposes of this section, an offense was committed before the
2-22 effective date of this Act if any element of the offense occurred
2-23 before that date.
2-24 SECTION 3. This Act takes effect September 1, 1999.
2-25 SECTION 4. The importance of this legislation and the
2-26 crowded condition of the calendars in both houses create an
2-27 emergency and an imperative public necessity that the
3-1 constitutional rule requiring bills to be read on three several
3-2 days in each house be suspended, and this rule is hereby suspended.