1-1 By: Shapiro S.B. No. 21
1-2 (In the Senate - Filed November 13, 2000; January 10, 2001,
1-3 read first time and referred to Committee on Criminal Justice;
1-4 February 20, 2001, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 5, Nays 0;
1-6 February 20, 2001, sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 21 By: Staples
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to criminal solicitation of certain offenses involving a
1-11 controlled substance; providing penalties.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Section 15.03, Penal Code, is amended by amending
1-14 Subsections (a) and (d) and adding Subsection (e) to read as
1-15 follows:
1-16 (a) A person commits an offense if:
1-17 (1) [,] with intent that a capital felony or felony
1-18 of the first degree be committed, the person [he] requests,
1-19 commands, or attempts to induce another to engage in specific
1-20 conduct that, under the circumstances surrounding the other
1-21 person's [his] conduct as the actor believes them to be, would
1-22 constitute the felony or make the other a party to its commission;
1-23 or
1-24 (2) the person is younger than 21 years of age and,
1-25 with intent that an offense under Chapter 481, Health and Safety
1-26 Code, for the delivery of a controlled substance be committed, the
1-27 person requests, commands, or attempts to induce another to engage
1-28 in specific conduct that, under the circumstances surrounding the
1-29 other person's conduct as the actor believes them to be, would
1-30 constitute the offense or make the other a party to its commission.
1-31 (d) An offense under Subsection (a)(1) [this section] is:
1-32 (1) a felony of the first degree if the offense
1-33 solicited is a capital offense; or
1-34 (2) a felony of the second degree if the offense
1-35 solicited is a felony of the first degree.
1-36 (e) An offense under Subsection (a)(2) is a Class C
1-37 misdemeanor.
1-38 SECTION 2. Subchapter B, Chapter 45, Code of Criminal
1-39 Procedure, is amended by adding Article 45.0512 to read as follows:
1-40 Art. 45.0512. DEFERRED DISPOSITION PROCEDURES APPLICABLE TO
1-41 CERTAIN CONTROLLED SUBSTANCES OFFENSES. (a) This article
1-42 supplements Article 45.051, as amended by Chapters 1387 and 1545,
1-43 Acts of the 76th Legislature, Regular Session, 1999. On the
1-44 request of a defendant charged with an offense under Section
1-45 15.03(a)(2), Penal Code, the court shall defer further proceedings
1-46 without entering an adjudication of guilt and place the defendant
1-47 on probation for a period not to exceed 180 days.
1-48 (b) During the deferral period, the judge shall order:
1-49 (1) the defendant to perform community service for:
1-50 (A) not less than eight or more than 12 hours,
1-51 if the defendant has not been previously convicted of an offense
1-52 under Section 15.03(a)(2), Penal Code; or
1-53 (B) not less than 20 or more than 40 hours, if
1-54 the defendant has been previously convicted once of an offense
1-55 under Section 15.03(a)(2), Penal Code;
1-56 (2) the defendant to attend a substance abuse
1-57 awareness course approved by the Texas Commission on Alcohol and
1-58 Drug Abuse, with the defendant's parent or guardian if required by
1-59 the judge; and
1-60 (3) the Department of Public Safety to suspend the
1-61 defendant's driver's license or permit or, if the defendant does
1-62 not have a driver's license or permit, to deny the issuance of a
1-63 driver's license or permit for:
1-64 (A) 30 days, if the defendant has not been
2-1 previously convicted of an offense under Section 15.03(a)(2), Penal
2-2 Code;
2-3 (B) 60 days, if the defendant has been
2-4 previously convicted once of an offense under Section 15.03(a)(2),
2-5 Penal Code; or
2-6 (C) 180 days, if the defendant has been
2-7 previously convicted twice or more of an offense under Section
2-8 15.03(a)(2), Penal Code.
2-9 (c) Community service ordered under Subsection (b) must be
2-10 related to education about or prevention of misuse of controlled
2-11 substances if programs or services providing that education are
2-12 available in the community in which the court is located. If
2-13 programs or services providing that education are not available,
2-14 the court may order community service that it considers appropriate
2-15 for rehabilitative purposes.
2-16 (d) For the purpose of determining whether a defendant has
2-17 been previously convicted of an offense under Section 15.03(a)(2),
2-18 Penal Code, an order of deferred disposition for an offense under
2-19 that subsection is considered a conviction of the offense.
2-20 (e) A driver's license suspension under Subsection (b) takes
2-21 effect on the 11th day after the date of conviction.
2-22 (f) If the complaint against a person charged with an
2-23 offense under Section 15.03(a)(2), Penal Code, is dismissed under
2-24 Article 45.051, notwithstanding Article 45.051(c), the special
2-25 expense imposed on dismissal may not exceed one-half of the fine
2-26 initially imposed.
2-27 SECTION 3. The change in law made by this Act applies only
2-28 to an offense committed or conduct engaged in on or after the
2-29 effective date of this Act. An offense committed or conduct
2-30 engaged in before the effective date of this Act is covered by the
2-31 law in effect when the offense was committed or the conduct was
2-32 engaged in, and the former law is continued in effect for that
2-33 purpose. For purposes of this section, an offense was committed or
2-34 conduct was engaged in before the effective date of this Act if any
2-35 element of the offense or conduct occurred before that date.
2-36 SECTION 4. This Act takes effect September 1, 2001.
2-37 * * * * *