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A BILL TO BE ENTITLED
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AN ACT
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relating to enhancing the penalty for the manufacture of certain |
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controlled substances if a child is present on the premises where |
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the offense is committed. |
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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. The changes in law made by this Act apply only to |
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an offense committed on or after the effective date of this Act. An |
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offense committed before the effective date of this Act is covered |
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by the law in effect when the offense was committed, and the former |
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law is continued in effect for that purpose. For purposes of this |
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section, an offense was committed before the effective date of this |
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Act if any element of the offense was committed before that date. |
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SECTION 3. This Act takes effect September 1, 2007. |