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AN ACT
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relating to certain conduct involving controlled substances that |
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endangers or is otherwise committed in the presence of or in |
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proximity to a child. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter D, Chapter 481, Health and Safety |
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Code, is amended by adding Section 481.1122 to read as follows: |
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Sec. 481.1122. MANUFACTURE OF SUBSTANCE IN PENALTY GROUP 1: |
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PRESENCE OF CHILD. If it is shown at the punishment phase of a trial |
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for the manufacture of a controlled substance listed in Penalty |
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Group 1 that when the offense was committed a child younger than 18 |
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years of age was present on the premises where the offense was |
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committed: |
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(1) the punishments specified by Sections 481.112(b) |
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and (c) are increased by one degree; |
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(2) the minimum term of imprisonment specified by |
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Section 481.112(e) is increased to 15 years and the maximum fine |
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specified by that section is increased to $150,000; and |
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(3) the minimum term of imprisonment specified by |
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Section 481.112(f) is increased to 20 years and the maximum fine |
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specified by that section is increased to $300,000. |
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SECTION 2. Section 22.041(c-1), Penal Code, is amended to |
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read as follows: |
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(c-1) For purposes of Subsection (c), it is presumed that a |
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person engaged in conduct that places a child in imminent danger of |
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death, bodily injury, or physical or mental impairment if: |
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(1) the person manufactured, possessed, or in any way |
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introduced into the body of any person the controlled substance |
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methamphetamine in the presence of the child; |
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(2) the person's conduct related to the proximity or |
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accessibility of the controlled substance methamphetamine to the |
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child and an analysis of a specimen of the child's blood, urine, or |
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other bodily substance indicates the presence of methamphetamine in |
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the child's body; or |
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(3) the person injected, ingested, inhaled, or |
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otherwise introduced a controlled substance listed in Penalty Group |
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1, Section 481.102, Health and Safety Code, into the human body when |
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the person was not in lawful possession of the substance as defined |
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by Section 481.002(24) of that code. |
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SECTION 3. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect when the offense was committed, and |
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the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense was |
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committed before that date. |
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SECTION 4. This Act takes effect September 1, 2007. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 946 was passed by the House on April |
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26, 2007, by the following vote: Yeas 139, Nays 0, 2 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 946 on May 25, 2007, by the following vote: Yeas 139, Nays 0, 2 |
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present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 946 was passed by the Senate, with |
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amendments, on May 23, 2007, by the following vote: Yeas 30, Nays |
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0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |