BILL ANALYSIS
Senate Research Center S.B. 912
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
A great deal of diversion of controlled substances is committed by persons who have access to controlled substances by the nature of their profession or employment. This legislation is designed to address those persons who, by the nature of their profession or employment, divert controlled substances for personal use or the use of another. This legislation will aid in preventing the sale of stolen controlled substances on the black market by holding those with trusted access to the controlled substance more accountable.
As proposed, S.B. 912 creates an offense if a person by virtue of the person's profession or employment knowingly diverts controlled substances for personal use or the use of another.
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 481.1285, as follows:
Sec. 481.1285. OFFENSE: DIVERSION OF CONTROLLED SUBSTANCE BY REGISTRANTS, DISPENSERS, AND CERTAIN OTHER PERSONS. (a) Provides that this section applies only to a registrant, a dispenser, or a person who, pursuant to Section 481.062(a)(1) (relating to certain persons not required to register and authorized to possess a controlled substance) or (2) (relating to certain persons not required to register and authorized to possess a controlled substance), is not required to register under this subchapter.
(b) Provides that a person commits an offense if the person knowingly converts to the person's own use or benefit a controlled substance to which the person has access by virtue of the person's profession or employment; or diverts to the unlawful use or benefit of another person a controlled substance to which the person has access by virtue of the person's profession or employment.
(c) Provides that an offense under Subsection (b)(1) is a state jail felony. Provides that an offense under Subsection (b)(2) is a felony of the third degree.
SECTION 2. Effective date: September 1, 2009.