H.B. No. 2892
AN ACT
relating to the illegal use of money or property derived from or
intended to further certain controlled substance offenses and to
the enhancement of certain controlled substance offenses;
providing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 481.126, Health and Safety Code, is
amended to read as follows:
Sec. 481.126. OFFENSE: ILLEGAL BARTER, EXPENDITURE, OR
INVESTMENT. (a) A person commits an offense if the person:
(1) barters property or expends funds the person knows
are derived from the commission of an offense under this chapter
punishable by imprisonment in the institutional division of the
Texas Department of Criminal Justice for life; [or]
(2) barters property or expends funds the person knows
are derived from the commission of an offense under Section
481.121(a) that is punishable under Section 481.121(b)(5);
(3) barters property or finances or invests funds the
person knows or believes are intended to further the commission of
an offense for which the punishment is described by Subdivision
(1); or
(4) barters property or finances or invests funds the
person knows or believes are intended to further the commission of
an offense under Section 481.121(a) that is punishable under
Section 481.121(b)(5).
(b) An offense under Subsection (a)(1) or (3) [this section]
is a felony of the first degree. An offense under Subsection (a)(2)
or (4) is a felony of the second degree.
SECTION 2. Subchapter D, Chapter 481, Health and Safety
Code, is amended by adding Section 481.141 to read as follows:
Sec. 481.141. MANUFACTURE OR DELIVERY OF CONTROLLED
SUBSTANCE CAUSING DEATH OR SERIOUS BODILY INJURY. (a) If at the
guilt or innocence phase of the trial of an offense described by
Subsection (b), the judge or jury, whichever is the trier of fact,
determines beyond a reasonable doubt that a person died or suffered
serious bodily injury as a result of injecting, ingesting,
inhaling, or introducing into the person's body any amount of the
controlled substance manufactured or delivered by the defendant,
regardless of whether the controlled substance was used by itself
or with another substance, including a drug, adulterant, or
dilutant, the punishment for the offense is increased by one
degree.
(b) 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 Section 481.112, 481.1121, 481.113, 481.114, or
481.122.
(c) Notwithstanding Article 42.08, Code of Criminal
Procedure, if punishment for a defendant is increased under this
section, the court may not order the sentence for the offense to run
concurrently with any other sentence the court imposes on the
defendant.
SECTION 3. The change in law made by this Act applies only to
an offense committed on or after the effective date of this Act. An
offense committed before the effective date of this Act is covered
by the law in effect when the offense was committed, and the former
law is continued in effect for that purpose. For purposes of this
section, an offense was committed before the effective date of this
Act if any element of the offense occurred before that date.
SECTION 4. This Act takes effect September 1, 2003.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2892 was passed by the House on April
25, 2003, by a non-record vote; and that the House concurred in
Senate amendments to H.B. No. 2892 on May 29, 2003, by a non-record
vote.
______________________________
Chief Clerk of the House
I certify that H.B. No. 2892 was passed by the Senate, with
amendments, on May 27, 2003, by a viva-voce vote.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor