SRC-BWC H.B. 2010 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 2010
77R7261 JD-DBy: Uresti (Van de Putte)
Criminal Justice
5/8/2001
Engrossed


DIGEST AND PURPOSE 

Delivering a controlled substance or marihuana to a minor entails serious
ramifications.  Not only does such conduct constitute a breach of public
trust, but it can lead to a cycle of addiction which continues into
adulthood.  Many adults who are now addicted to these substances began
consumption when they were still minors.  Under current law, delivery of a
controlled substance or marihuana to a minor is a second degree felony, but
the defendant may be granted deferred adjudication and placed on community
supervision.  Because of the danger in which a minor may be placed, many
think that a defendant who commits such an offense should not be entitled
to deferred adjudication.  H.B. 2010 prohibits a judge from granting
deferred adjudication to a defendant who delivers a controlled substance or
marihuana to a minor.  

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 Section 5(d), Article 42.12, Code of Criminal Procedure,
to authorize the judge in all other cases to grant deferred adjudication
unless the defendant is charged with an offense under Section 481.122,
Health and Safety Code. 

SECTION 2.  Effective date: September 1, 2001.
            Makes application of this Act prospective.