SRC-LBB, MSY S.B. 177 78(R)           BILL ANALYSIS


Senate Research Center   S.B. 177
78R1581 PEP-DBy: Shapiro
Criminal Justice
4/14/2003
As Filed


DIGEST AND PURPOSE      
 
Currently, a dealer or manufacturer of illegal drugs can only be charged
with the delivery of a controlled substance, even when the sale of the
drug directly leads to the death or injury of another person. 
As proposed, S.B. 177 provides that a person commits an offense if the
person knowingly delivers certain controlled substances to another person
who dies as a result of that delivery. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 19, Penal Code, by adding Section 19.06, as
follows: 

Sec.  19.06  DELIVERY OF CONTROLLED SUBSTANCE CAUSING DEATH.  (a) Provides
that an offense is committed if a person knowingly delivers a substance
listed under Chapter 481 (Texas Controlled Substances Act), Health and
Safety Code, to another person who dies as a result, even if the person
delivered the substance indirectly through another person or the person
who died used the substance with another substance. 

(b)  Provides that such an offense is a third degree felony.

(c)  Provides that this section does not apply if the person who delivered
the substance was a licensed health care professional acting under the
scope of their duties or was acting under the direction of such a
professional. 

(d)  Provides that if an offense under this section is also an offense
under Sections 19.02-19.04 of this chapter, it may be prosecuted under
either section. 

SECTION 2.  Amends Article 42.08(b), Code of Criminal Procedure, to
require the court to order a sentence imposed in a second or subsequent
conviction to begin immediately after the end of the sentence imposed in a
prior conviction when:  
    
(1) the second or subsequent offense was committed during the defendant's
incarceration with the Texas Department of Criminal Justice; or 

(2) the defendant is convicted of an offense under Section 19.06, Penal
Code, and another offense under Chapter 481, Health and Safety Code. 

Makes conforming changes.

SECTION 3.  Effective date: September 1, 2003.
Makes application of this act prospective.