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A BILL TO BE ENTITLED
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AN ACT
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relating to creating a presumption regarding the possession of a |
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controlled substance by a person who gives birth to a child who |
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tests positive for the substance. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 481.115, Health and Safety Code, is |
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amended by adding Subsection (g) to read as follows: |
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(g) If it is shown on the trial of an offense under this |
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section that a person gave birth to a child and, within 72 hours |
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after the birth, a controlled substance listed in Penalty Group 1 |
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was found present in the body of the child, there is a rebuttable |
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presumption that the person knowingly possessed less than one gram |
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of that controlled substance in the county in which the child was |
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born within the 30 days preceding the date of the birth. |
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SECTION 2. 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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covered by the law in effect when the offense was committed, and the |
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former law is continued in effect for that purpose. For purposes of |
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this section, an offense was committed before the effective date of |
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this Act if any element of the offense was committed before that |
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date. |
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SECTION 3. This Act takes effect September 1, 2009. |