By Shapiro                                              S.B. No. 21
         77R1140 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 a penalty.
 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, with intent that a
 1-9     capital felony or felony of the first degree be committed, or with
1-10     intent that an offense under Chapter 481, Health and Safety Code,
1-11     for the delivery of a controlled substance be committed, the person
1-12     [he] requests, commands, or  attempts to induce another to engage
1-13     in specific conduct that, under the circumstances surrounding the
1-14     other person's [his] conduct as the actor believes them to be,
1-15     would constitute  the felony or make the other a party to its
1-16     commission.
1-17           (d)  Except as provided by Subsection (e), an [An] offense
1-18     under this section is:
1-19                 (1)  a felony of the first degree if the offense
1-20     solicited is a capital offense; or
1-21                 (2)  a felony of the second degree if the offense
1-22     solicited is a felony of the first degree.
1-23           (e)  The punishment for the solicitation of the delivery of a
1-24     controlled substance is determined according to the penalty group
 2-1     to which the controlled substance is assigned and to the amount of
 2-2     the controlled substance for which delivery is solicited, unless
 2-3     the substance is marihuana, in which event the punishment is
 2-4     determined according to the amount of marihuana for which delivery
 2-5     is solicited.  The punishment for solicitation of delivery of a
 2-6     controlled substance listed in a penalty group is one category
 2-7     lower than the punishment applicable to a person who delivers a
 2-8     controlled substance in that penalty group in the same amount as
 2-9     the amount solicited by the actor.  The punishment for solicitation
2-10     of marihuana is one category lower than the punishment applicable
2-11     to a person who delivers marihuana in the same amount as the amount
2-12     solicited by the actor.  An offense under this section is a Class B
2-13     misdemeanor if the actor solicits delivery of a controlled
2-14     substance but does not solicit delivery of a specific amount.
2-15           SECTION 2.  The change in law made by this Act applies only
2-16     to an offense committed on or after the effective date of this Act.
2-17     An offense committed before the effective date of this Act is
2-18     covered by the law in effect when the offense was committed, and
2-19     the former law is continued in effect for that purpose.  For
2-20     purposes of this section, an offense was committed before the
2-21     effective date of this Act if any element of the offense occurred
2-22     before that date.
2-23           SECTION 3.  This Act takes effect September 1, 2001.