By: Shapiro S.B. No. 21
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
1-10 of the first degree be committed, the person [he] requests,
1-11 commands, or attempts to induce another to engage in specific
1-12 conduct that, under the circumstances surrounding the other
1-13 person's [his] conduct as the actor believes them to be, would
1-14 constitute the felony or make the other a party to its commission;
1-15 or
1-16 (2) the person is younger than 21 years of age and,
1-17 with intent that an offense under Chapter 481, Health and Safety
1-18 Code, for the delivery of a controlled substance be committed, the
1-19 person requests, commands, or attempts to induce another to engage
1-20 in specific conduct that, under the circumstances surrounding the
1-21 other person's conduct as the actor believes them to be, would
1-22 constitute the offense or make the other a party to its commission.
1-23 (d) An offense under Subsection (a)(1) [this section] is:
1-24 (1) a felony of the first degree if the offense
1-25 solicited is a capital offense; or
2-1 (2) a felony of the second degree if the offense
2-2 solicited is a felony of the first degree.
2-3 (e) An offense under Subsection (a)(2) is a Class C
2-4 misdemeanor.
2-5 SECTION 2. Subchapter B, Chapter 45, Code of Criminal
2-6 Procedure, is amended by adding Article 45.0512 to read as follows:
2-7 Art. 45.0512. DEFERRED DISPOSITION PROCEDURES APPLICABLE TO
2-8 CERTAIN CONTROLLED SUBSTANCES OFFENSES. (a) This article
2-9 supplements Article 45.051, as amended by Chapters 1387 and 1545,
2-10 Acts of the 76th Legislature, Regular Session, 1999. On the
2-11 request of a defendant charged with an offense under Section
2-12 15.03(a)(2), Penal Code, the court shall defer further proceedings
2-13 without entering an adjudication of guilt and place the defendant
2-14 on probation for a period not to exceed 180 days.
2-15 (b) During the deferral period, the judge shall order:
2-16 (1) the defendant to perform community service for:
2-17 (A) not less than eight or more than 12 hours,
2-18 if the defendant has not been previously convicted of an offense
2-19 under Section 15.03(a)(2), Penal Code; or
2-20 (B) not less than 20 or more than 40 hours, if
2-21 the defendant has been previously convicted once of an offense
2-22 under Section 15.03(a)(2), Penal Code;
2-23 (2) the defendant to attend a substance abuse
2-24 awareness course approved by the Texas Commission on Alcohol and
2-25 Drug Abuse, with the defendant's parent or guardian if required by
2-26 the judge; and
3-1 (3) the Department of Public Safety to suspend the
3-2 defendant's driver's license or permit or, if the defendant does
3-3 not have a driver's license or permit, to deny the issuance of a
3-4 driver's license or permit for:
3-5 (A) 30 days, if the defendant has not been
3-6 previously convicted of an offense under Section 15.03(a)(2), Penal
3-7 Code;
3-8 (B) 60 days, if the defendant has been
3-9 previously convicted once of an offense under Section 15.03(a)(2),
3-10 Penal Code; or
3-11 (C) 180 days, if the defendant has been
3-12 previously convicted twice or more of an offense under Section
3-13 15.03(a)(2), Penal Code.
3-14 (c) Community service ordered under Subsection (b) must be
3-15 related to education about or prevention of misuse of controlled
3-16 substances if programs or services providing that education are
3-17 available in the community in which the court is located. If
3-18 programs or services providing that education are not available,
3-19 the court may order community service that it considers appropriate
3-20 for rehabilitative purposes.
3-21 (d) For the purpose of determining whether a defendant has
3-22 been previously convicted of an offense under Section 15.03(a)(2),
3-23 Penal Code, an order of deferred disposition for an offense under
3-24 that subsection is considered a conviction of the offense.
3-25 (e) A driver's license suspension under Subsection (b) takes
3-26 effect on the 11th day after the date of conviction.
4-1 (f) If the complaint against a person charged with an
4-2 offense under Section 15.03(a)(2), Penal Code, is dismissed under
4-3 Article 45.051, notwithstanding Article 45.051(c), the special
4-4 expense imposed on dismissal may not exceed one-half of the fine
4-5 initially imposed.
4-6 SECTION 3. The change in law made by this Act applies only
4-7 to an offense committed or conduct engaged in on or after the
4-8 effective date of this Act. An offense committed or conduct
4-9 engaged in before the effective date of this Act is covered by the
4-10 law in effect when the offense was committed or the conduct was
4-11 engaged in, and the former law is continued in effect for that
4-12 purpose. For purposes of this section, an offense was committed or
4-13 conduct was engaged in before the effective date of this Act if any
4-14 element of the offense or conduct occurred before that date.
4-15 SECTION 4. This Act takes effect September 1, 2001.