SRC-MWN H.B. 156 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 156
By: Homer (Shapiro)
Criminal Justice
5/7/2001
Engrossed


DIGEST AND PURPOSE 

There is concern that some adults recruit minors to sell drugs to
school-age children. Increasing the penalty for adults who use children to
commit or assist in the commission of an offense relating to the
manufacture or delivery of certain controlled substances may mitigate this
practice. H.B. 156 provides this increase.  

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 481D, Health and Safety Code, by adding Section
481.140, as follows: 

Sec. 481.140.  USE OF CHILD IN COMMISSION OF OFFENSE.  (a)  Provides that
if it is shown at the punishment phase of the trial of an offense otherwise
punishable as a state jail felony, felony of the third degree, or felony of
the second degree under Section 481.112, 481.1121, 481.113, 481.114,
481.120, or 481.122 that the defendant used or attempted to use a child
younger than 18 years of age to commit or assist in the commission of the
offense, the punishment is increased by one degree, unless the defendant
used or threatened to use force against the child or another to gain the
child's assistance, in which event the punishment for the offense is a
felony of the first degree.  

(b)  Prohibits the court, notwithstanding Article 42.08, Code of Criminal
Procedure, if punishment for a defendant is increased under this section,
from ordering the sentence for the offense to run concurrently with any
other sentence the court imposes on the defendant.  

SECTION 2.  Amends Section 3g(a), Article 42.12, Code of Criminal
Procedure, to provide that the provisions of Section 3 of this Article do
not apply to certain defendants. 

SECTION 3.  Amends Section 508.149(a), Government Code, to prohibit an
inmate from being released to mandatory supervision if the inmate is
serving a sentence for or has been previously convicted of certain
offenses. 

SECTION 4. Makes application of this Act prospective.

SECTION 5. Effective date: upon passage or September 1, 2001.