By Green H.B. No. 608
77R3634 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 penalties.
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:
1-9 (1)[,] with intent that a capital felony or felony of
1-10 the first degree be committed, the person [he] requests, commands,
1-11 or attempts to induce another to engage in specific conduct that,
1-12 under the circumstances surrounding the other person's [his]
1-13 conduct as the actor believes them to be, would constitute the
1-14 felony or make the other a party to its commission; or
1-15 (2) the person is 21 years of age or younger and, with
1-16 intent that an offense under Chapter 481, Health and Safety Code,
1-17 for the delivery of a controlled substance be committed, the person
1-18 requests, commands, or attempts to induce another to engage in
1-19 specific conduct that, under the circumstances surrounding the
1-20 other person's conduct as the actor believes them to be, would
1-21 constitute the offense or make the other a party to its commission.
1-22 (d) Except as provided by Subsection (e), an [An] offense
1-23 under this section is:
1-24 (1) a felony of the first degree if the offense
2-1 solicited is a capital offense; or
2-2 (2) a felony of the second degree if the offense
2-3 solicited is a felony of the first degree.
2-4 (e) The punishment for an offense under Subsection (a)(2) is
2-5 determined according to the penalty group to which the controlled
2-6 substance is assigned and to the amount of the controlled substance
2-7 for which delivery is solicited, unless the substance is marihuana,
2-8 in which event the punishment is determined according to the amount
2-9 of marihuana for which delivery is solicited. The punishment for
2-10 solicitation of delivery of a controlled substance listed in a
2-11 penalty group is one category lower than the punishment applicable
2-12 to a person who delivers a controlled substance in that penalty
2-13 group in the same amount as the amount solicited by the actor. The
2-14 punishment for solicitation of marihuana is one category lower than
2-15 the punishment applicable to a person who delivers marihuana in the
2-16 same amount as the amount solicited by the actor. An offense under
2-17 this section is a Class B misdemeanor if the actor solicits
2-18 delivery of a controlled substance but does not solicit delivery of
2-19 a specific amount.
2-20 SECTION 2. Chapter 54, Family Code, is amended by adding
2-21 Section 54.0407 to read as follows:
2-22 Sec. 54.0407. CHILD PLACED ON PROBATION FOR CERTAIN CONDUCT
2-23 INVOLVING CONTROLLED SUBSTANCE. (a) If a court or jury makes a
2-24 disposition under Section 54.04 in which a child is placed on
2-25 probation for conduct constituting an offense under Section
2-26 15.03(a)(2), Penal Code, the court shall:
2-27 (1) require as a condition of probation that the child
3-1 perform community service for:
3-2 (A) not less than 8 or more than 12 hours, if
3-3 the child has not been previously convicted of an offense under
3-4 Section 15.03(a)(2), Penal Code; or
3-5 (B) not less than 20 or more than 40 hours, if
3-6 the child has been previously convicted once of an offense under
3-7 Section 15.03(a)(2), Penal Code; and
3-8 (2) order the Texas Department of Public Safety to
3-9 suspend the child's driver's license or permit or, if the child
3-10 does not have a driver's license or permit, to deny the issuance of
3-11 a driver's license or permit for:
3-12 (A) 30 days, if the child has not been
3-13 previously convicted of an offense under Section 15.03(a)(2), Penal
3-14 Code;
3-15 (B) 60 days, if the child has been previously
3-16 convicted once of an offense under Section 15.03(a)(2), Penal Code;
3-17 or
3-18 (C) 180 days, if the child has been previously
3-19 convicted twice or more of an offense under Section 15.03(a)(2),
3-20 Penal Code.
3-21 (b) Community service ordered under this section must be
3-22 related to education about or prevention of misuse of controlled
3-23 substances if programs or services providing that education are
3-24 available in the community in which the court is located. If
3-25 programs or services providing that education are not available,
3-26 the court may order community service that it considers appropriate
3-27 for rehabilitative purposes.
4-1 (c) For the purpose of determining whether a child has been
4-2 previously convicted of an offense under Section 15.03(a)(2), Penal
4-3 Code:
4-4 (1) an adjudication under this title that the child
4-5 engaged in conduct described by Section 15.03(a)(2), Penal Code, is
4-6 considered a conviction of the offense under this section; and
4-7 (2) an order of deferred disposition for an offense
4-8 under Section 15.03(a)(2), Penal Code, is considered a conviction
4-9 of the offense under this section.
4-10 (d) In this section, "child" has the meaning assigned by
4-11 Section 51.02.
4-12 (e) A driver's license suspension under this section takes
4-13 effect on the 11th day after the date the child is placed on
4-14 probation.
4-15 SECTION 3. Article 42.12, Code of Criminal Procedure, is
4-16 amended by adding Section 13E to read as follows:
4-17 Sec. 13E. DEFENDANTS PLACED ON COMMUNITY SUPERVISION FOR
4-18 CERTAIN CONDUCT INVOLVING CONTROLLED SUBSTANCE. (a) If a judge
4-19 grants community supervision to a defendant convicted of an offense
4-20 under Section 15.03(a)(2), Penal Code, the judge shall:
4-21 (1) require as a condition of community supervision
4-22 that the defendant perform community service for:
4-23 (A) not less than 8 or more than 12 hours, if
4-24 the defendant has not been previously convicted of an offense under
4-25 Section 15.03(a)(2), Penal Code; or
4-26 (B) not less than 20 or more than 40 hours, if
4-27 the defendant has been previously convicted once of an offense
5-1 under Section 15.03(a)(2), Penal Code; and
5-2 (2) order the Texas Department of Public Safety to
5-3 suspend the defendant's driver's license or permit or, if the
5-4 defendant does not have a driver's license or permit, to deny the
5-5 issuance of a driver's license or permit for:
5-6 (A) 30 days, if the defendant has not been
5-7 previously convicted of an offense under Section 15.03(a)(2), Penal
5-8 Code;
5-9 (B) 60 days, if the defendant has been
5-10 previously convicted once of an offense under Section 15.03(a)(2),
5-11 Penal Code; or
5-12 (C) 180 days, if the defendant has been
5-13 previously convicted twice or more of an offense under Section
5-14 15.03(a)(2), Penal Code.
5-15 (b) Community service ordered under this section must be
5-16 related to education about or prevention of misuse of controlled
5-17 substances if programs or services providing that education are
5-18 available in the community in which the court is located. If
5-19 programs or services providing that education are not available,
5-20 the court may order community service that it considers appropriate
5-21 for rehabilitative purposes.
5-22 (c) For the purpose of determining whether a defendant has
5-23 been previously convicted of an offense under Section 15.03(a)(2),
5-24 Penal Code:
5-25 (1) an adjudication under Title 3, Family Code, that
5-26 the defendant engaged in conduct described by Section 15.03(a)(2),
5-27 Penal Code, is considered a conviction of the offense under this
6-1 section; and
6-2 (2) an order of deferred disposition for an offense
6-3 under Section 15.03(a)(2), Penal Code, is considered a conviction
6-4 of the offense under this section.
6-5 (d) A driver's license suspension under this section takes
6-6 effect on the 11th day after the date the child is placed on
6-7 probation.
6-8 SECTION 4. The change in law made by this Act applies only
6-9 to an offense committed or conduct engaged in on or after the
6-10 effective date of this Act. An offense committed or conduct
6-11 engaged in before the effective date of this Act is covered by the
6-12 law in effect when the offense was committed or the conduct was
6-13 engaged in, and the former law is continued in effect for that
6-14 purpose. For purposes of this section, an offense was committed or
6-15 conduct was engaged in before the effective date of this Act if any
6-16 element of the offense or conduct occurred before that date.
6-17 SECTION 5. This Act takes effect September 1, 2001.