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


Senate Research CenterC.S.S.B. 177
78R6421 PEP-DBy: Shapiro
Criminal Justice
4/16/2003
Committee Report (Substituted)


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.  C.S.S.B.
177 provides for the enhancement of the penalty for an offender who
manufactures or delivers a controlled substance causing death or serious
bodily injury. 

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 Subchapter D, Chapter 481, Health and Safety Code, by
adding Section 481.141, as follows: 

Sec.  481.141.  MANUFACTURE OR DELIVERY OF CONTROLLED SUBSTANCE CAUSING
DEATH OR SERIOUS BODILY INJURY.  (a)  Provides that the punishment for an
offense is increased by one degree if at the guilt or innocence phase of
the trial of an offense the trier of fact determines beyond a reasonable
doubt that a person died or suffered serious bodily injury as a result of
the use of any amount of a controlled substance manufactured or delivered
by the defendant, regardless of whether the substance was used by itself
or with another substance. 

(b)  Provides that this section applies to an offense otherwise punishable
as a state jail felony, felony of the third degree, or felony of the
second degree under certain other sections. 

(c)  Prohibits a court, if punishment for a defendant is increased under
this section, from ordering the sentence for an offense to run
concurrently with any other sentence the court imposes on the defendant
notwithstanding Article 42.08, Code of Criminal Procedure. 

SECTION 2.  Makes application of this Act prospective.

SECTION 3.  Effective date: September 1, 2003.