SRC-S.B. 21 77(R)BILL ANALYSIS


Senate Research CenterC.S.S.B. 21
77R6113 PEP-DBy: Shapiro
Criminal Justice
2/15/2001
Committee Report (Substituted)


DIGEST AND PURPOSE 

Currently under Texas law, it is not considered a crime to attempt to
solicit or purchase a controlled substance.  As proposed, C.S.S.B.
21establishes an offense if the person is younger than 21 years of age and,
with intent that an offense under Chapter 481 (Texas Controlled Substances
Act), Health and Safety Code, for the delivery of a controlled substance be
committed, the person requests, commands, or attempts to induce another to
engage in specific conduct that, under the circumstances surrounding the
other person's conduct as the actor believes them to be, would constitute
the offense or make the other a party to its commission. 

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 15.03, Penal Code, by amending Subsections (a)
and (d) and adding Subsections (e)-(h), as follows: 

(a)  Provides that a person commits an offense if:

(1)  with intent that a capital felony or felony of the first degree be
committed, the person requests, commands, or attempts to induce another to
engage in specific conduct that, under the circumstances surrounding the
other person's conduct, would constitute the felony or make the other a
party to its commission; or 

(2)  the person is younger than 21 years of age and, with intent that an
offense under Chapter 481 (Texas Controlled Substances Act), Health and
Safety Code, for the delivery of a controlled substance be committed, the
person request, commands, or attempts to induce another to engage in
specific conduct that, under the circumstances surrounding the other
person's conduct as the actor believes them to be, would constitute the
offense or make the other a party to its commission. 

(d)  Provides that an offense under Subsection (a)(1) is a felony of the
first degree or the second degree. 

(e)  Provides that an offense under Subsection (a)(2) is a Class C
misdemeanor. 

SECTION 2.  Amends Chapter 45B, Code of Criminal Procedure, by adding
Article 45.0512, as follows: 

Art. 45.0512.  DEFERRED DISPOSITION PROCEDURES APPLICABLE TO CERTAIN
CONTROLLED SUBSTANCES OFFENSES.  (a)  Provides that this article
supplements Article 45.051, as amended by Chapters 1387 and 1545, Acts of
the 76th Legislature, Regular  Session, 1999.  Requires the court, on the
request of a defendant charged with an offense under Section 15.03(a)(2),
Penal Code, to defer further proceedings without entering an adjudication
of guilt and place the defendant on probation for a period not to exceed
180 days. 

(b)  Requires the judge, during the deferral period, to order certain
penalties for the defendant. 

(c)  Requires community service ordered under Subsection (b) to be related
to education about or prevention of misuse of controlled substances if
programs or services providing that education are available in the
community in which the court is located.  Authorizes the court, if programs
or services providing that education are not available, to order community
service that it considers appropriate for rehabilitative purposes. 

(d)  Provides that for the purposes of determining whether a defendant has
been previously convicted of an offense under Section 15.03(a)(2), Penal
Code, an order of deferred disposition for an offense under that subsection
is considered a conviction of the offense. 

(e)  Provides that a driver's license suspension under Subsection (b) takes
effect on the 11th day after the date of conviction. 

(f)  Prohibits, if the complaint against a person charged with an offense
under Section 15.03(a)(2), Penal Code, is dismissed under Article
45.051(Suspension of Sentence and Deferral of Final Disposition),
notwithstanding Article 45.051(c), the special expense imposed on dismissal
from exceeding one-half of the fine initially imposed. 

SECTION 3.  Provides that the change in law made by this Act applies only
to an offense committed or conduct engaged in on or after the effective
date of this Act.  Provides that an offense committed or conduct engaged in
before the effective date of this Act is covered by the law in effect when
the offense was committed or the conduct was engaged in, and the former law
is continued in effect for that purpose.  Provides that for the purposes of
this section, an offense was committed or conduct was engaged in before the
effective date of this Act if any element of the offense or conduct
occurred before the date. 

SECTION 4.  Effective date:  September 1, 2001.

SUMMARY OF COMMITTEE CHANGES

SECTION 1.  Differs from first committee substitute by deleting proposed
text regarding imposing a fine and performing community service, suspension
of a driver's license and ordered community service related to education of
prevention of use of controlled substances.  Deletes language regarding
previous convictions and the date a driver's license suspension takes
effect. 

SECTION 2.  Differs from the first committee substitute by adding language
regarding supplementation of Article 45.051 and deferral of guilt and
entering an adjudication of guilt and placing on probation. Adds text
regarding performance of community service, attendance of a  substance
abuse awareness course, suspension of driver's license, and ordered
community service related to education of prevention of use of controlled
substances.  Adds text regarding previous convictions, the date a driver's
license suspension takes effect, and the special expense imposed on
dismissal from exceeding one-half of the fine initially imposed. 

SECTION 3.  Is the same as SECTION 2 in first substitute.

SECTION 4.  Is the same as SECTION 3 in first substitute.