By Shapiro                                              S.B. No. 23
         77R591 PEP-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to enhancement of the penalty for an offender who
 1-3     manufactures or delivers a controlled substance causing death or
 1-4     serious bodily injury.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1.  Subchapter D, Chapter 481, Health and Safety
 1-7     Code, is amended by adding Section 481.140 to read as follows:
 1-8           Sec. 481.140.  MANUFACTURE OR DELIVERY OF CONTROLLED
 1-9     SUBSTANCE CAUSING DEATH OR SERIOUS BODILY INJURY.  (a)  If it is
1-10     shown at the punishment phase of the trial of an offense under
1-11     Section 481.112, 481.1121, 481.113, or 481.114 that a person died
1-12     or suffered serious bodily injury as a result of injecting,
1-13     ingesting, inhaling, or introducing into the person's body any
1-14     amount of the controlled substance manufactured or delivered by the
1-15     defendant, regardless of whether the controlled substance was used
1-16     by itself or with another substance, including a drug, adulterant,
1-17     or dilutant, the offense is punishable by:
1-18                 (1)  imprisonment in the institutional division of the
1-19     Texas Department of Criminal Justice for life or for a term of not
1-20     more than 99 years or less than:
1-21                       (A)  15 years, if the person died; or
1-22                       (B)  10 years, if the person suffered serious
1-23     bodily injury;
1-24                 (2)  a fine not to exceed:
 2-1                       (A)  $250,000, if the person died; or
 2-2                       (B)  $100,000, if the person suffered serious
 2-3     bodily injury; or
 2-4                 (3)  both the imprisonment and fine.
 2-5           (b)  Subsection  (a) applies regardless of whether the
 2-6     defendant delivered the controlled substance, or manufactured the
 2-7     controlled substance for delivery by another person, to:
 2-8                 (1)  the person who died or suffered serious bodily
 2-9     injury; or
2-10                 (2)  another person.
2-11           SECTION 2.  The change in law made by this Act applies only
2-12     to an offense committed on or after the effective date of this Act.
2-13     An offense committed before the effective date of this Act is
2-14     covered by the law in effect when the offense was committed, and
2-15     the former law is continued in effect for that purpose.  For
2-16     purposes of this section, an offense was committed before the
2-17     effective date of this Act if any element of the offense occurred
2-18     before that date.
2-19           SECTION 3.  This Act takes effect September 1, 2001.