SRC-CTC S.B. 23 77(R)   BILL ANALYSIS


Senate Research Center   S.B. 23
77R591 PEP-DBy: Shapiro
Criminal Justice
1/23/2001
As Filed


DIGEST AND PURPOSE 

Currently, the dealer or manufacturer of an illegal drug can only be
charged with the delivery of a controlled substance, even when the sale of
the drug can be directly linked to the death or serious injury of another
person.  S.B. 23 provides enhanced penalties for defendants found guilty of
manufacturing or delivering a controlled substance that leads to the death
or serious injury to another person. 

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. MANUFACTURE OR DELIVERY OF CONTROLLED SUBSTANCE CAUSING DEATH
OR SERIOUS BODILY INJURY. Establishes certain punishments for a defendant
found guilty of an offense under Section 481.112, 481.1121, 481.113, or
481.114 if a person died or suffered serious bodily injury due to the
introduction into the body of any amount of a controlled substance that was
manufactured or delivered by the defendant.  Provides that this Act applies
regardless of whether the defendant manufactured for delivery or delivered,
directly or indirectly, the controlled substance that resulted in death or
serious bodily injury. 

SECTION 2. Makes application of this Act prospective.

SECTION 3. Effective date: September 1, 2001.