By:  Shapiro, Nelson                                              S.B. No. 177


A BILL TO BE ENTITLED

AN ACT

relating to enhancement of the penalty for an offender who 
manufactures or delivers a controlled substance causing death or 
serious bodily injury.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.   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 2.   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 3.   This Act takes effect September 1, 2003.