Honorable Pete Gallego, Chair, House Committee on Criminal Jurisprudence
FROM:
John S O'Brien, Director, Legislative Budget Board
IN RE:
SB1066 by Estes (Relating to adding certain synthetic stimulants to Penalty Group 2 of the Texas Controlled Substances Act.), As Engrossed
The bill would amend the Health and Safety Code by adding the synthetic stimulants 3-Fluoromethcathinone; 4-Fluoromethcathinone; 4-methoxymethcathinone; 3, 4-Methyenedioxypyrovalerone (also known as MDPV); 3, 4-Methylenedioxymethcathinone (also known as Methylone); and 4-Methylmethcathinone (also known as Mephedrone) in any quantity, their salts, isomers, and salts of isomers to Penalty Group 2 of the Texas Controlled Substances Act. The manufacture, delivery, or possession of these substances is not currently punishable at the state level.
The manufacture, delivery, or possession with intent to deliver, of a substance in Penalty Group 2 is punishable at various felony levels, with the level of punishment increasing in severity based on the amount by weight of the substance manufactured, delivered, or possessed with intent to deliver. The possession of a substance in Penalty Group 2 is punishable at various felony levels, with the level of punishment increasing in severity based on the amount by weight of the substance possessed.
A state jail felony is punishable by confinement in a state jail for a term from 180 days to 2 years and, in addition to confinement, an optional fine not to exceed $10,000 or Class A Misdemeanor punishment (mandatory post conviction community supervision). A felony of the third degree is punishable by confinement in prison for a term from 2 to 10 years and, in addition to confinement, an optional fine not to exceed $10,000. A felony of the second degree is punishable by confinement in prison for a term from 2 to 20 years and, in addition to confinement, an optional fine not to exceed $10,000. A felony of the first degree is punishable by confinement in prison for life or a term from 5 to 99 years and, in addition to confinement, an optional fine not to exceed $10,000.
For this analysis, it is assumed the bill would not result in a significant impact on the programs and workload of state corrections agencies or on the demand for resources and services of those agencies.