|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
|
relating to increasing the criminal penalties for manufacture or |
|
delivery of fentanyl and related substances; creating a criminal |
|
offense. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Sections 481.002(5) and (6), Health and Safety |
|
Code, are amended to read as follows: |
|
(5) "Controlled substance" means a substance, |
|
including a drug, an adulterant, and a dilutant, listed in |
|
Schedules I through V or Penalty Group 1, 1-A, 1-B, 2, 2-A, 3, or |
|
4. The term includes the aggregate weight of any mixture, |
|
solution, or other substance containing a controlled substance. |
|
The term does not include hemp, as defined by Section 121.001, |
|
Agriculture Code, or the tetrahydrocannabinols in hemp. |
|
(6) "Controlled substance analogue" means: |
|
(A) a substance with a chemical structure |
|
substantially similar to the chemical structure of a controlled |
|
substance in Schedule I or II or Penalty Group 1, 1-A, 1-B, 2, or |
|
2-A; or |
|
(B) a substance specifically designed to produce |
|
an effect substantially similar to, or greater than, the effect of a |
|
controlled substance in Schedule I or II or Penalty Group 1, 1-A, |
|
1-B, 2, or 2-A. |
|
SECTION 2. Section 481.102, Health and Safety Code, is |
|
amended to read as follows: |
|
Sec. 481.102. PENALTY GROUP 1. Penalty Group 1 consists |
|
of: |
|
(1) the following opiates, including their isomers, |
|
esters, ethers, salts, and salts of isomers, esters, and ethers, |
|
unless specifically excepted, if the existence of these isomers, |
|
esters, ethers, and salts is possible within the specific chemical |
|
designation: |
|
Alfentanil; |
|
Allylprodine; |
|
Alphacetylmethadol; |
|
Benzethidine; |
|
Betaprodine; |
|
Clonitazene; |
|
Diampromide; |
|
Diethylthiambutene; |
|
Difenoxin not listed in Penalty Group 3 or 4; |
|
Dimenoxadol; |
|
Dimethylthiambutene; |
|
Dioxaphetyl butyrate; |
|
Dipipanone; |
|
Ethylmethylthiambutene; |
|
Etonitazene; |
|
Etoxeridine; |
|
Furethidine; |
|
Hydroxypethidine; |
|
Ketobemidone; |
|
Levophenacylmorphan; |
|
Meprodine; |
|
Methadol; |
|
Moramide; |
|
Morpheridine; |
|
Noracymethadol; |
|
Norlevorphanol; |
|
Normethadone; |
|
Norpipanone; |
|
Phenadoxone; |
|
Phenampromide; |
|
Phenomorphan; |
|
Phenoperidine; |
|
Piritramide; |
|
Proheptazine; |
|
Properidine; |
|
Propiram; |
|
Sufentanil; |
|
Tilidine; and |
|
Trimeperidine; |
|
(2) the following opium derivatives, their salts, |
|
isomers, and salts of isomers, unless specifically excepted, if the |
|
existence of these salts, isomers, and salts of isomers is possible |
|
within the specific chemical designation: |
|
Acetorphine; |
|
Acetyldihydrocodeine; |
|
Benzylmorphine; |
|
Codeine methylbromide; |
|
Codeine-N-Oxide; |
|
Cyprenorphine; |
|
Desomorphine; |
|
Dihydromorphine; |
|
Drotebanol; |
|
Etorphine, except hydrochloride salt; |
|
Heroin; |
|
Hydromorphinol; |
|
Methyldesorphine; |
|
Methyldihydromorphine; |
|
Monoacetylmorphine; |
|
Morphine methylbromide; |
|
Morphine methylsulfonate; |
|
Morphine-N-Oxide; |
|
Myrophine; |
|
Nicocodeine; |
|
Nicomorphine; |
|
Normorphine; |
|
Pholcodine; and |
|
Thebacon; |
|
(3) the following substances, however produced, |
|
except those narcotic drugs listed in another group: |
|
(A) Opium and opiate not listed in Penalty Group |
|
3 or 4, and a salt, compound, derivative, or preparation of opium or |
|
opiate, other than thebaine derived butorphanol, nalmefene and its |
|
salts, naloxone and its salts, and naltrexone and its salts, but |
|
including: |
|
Codeine not listed in Penalty Group 3 or 4; |
|
Dihydroetorphine; |
|
Ethylmorphine not listed in Penalty Group 3 |
|
or 4; |
|
Granulated opium; |
|
Hydrocodone not listed in Penalty Group 3; |
|
Hydromorphone; |
|
Metopon; |
|
Morphine not listed in Penalty Group 3; |
|
Opium extracts; |
|
Opium fluid extracts; |
|
Oripavine; |
|
Oxycodone; |
|
Oxymorphone; |
|
Powdered opium; |
|
Raw opium; |
|
Thebaine; and |
|
Tincture of opium; |
|
(B) a salt, compound, isomer, derivative, or |
|
preparation of a substance that is chemically equivalent or |
|
identical to a substance described by Paragraph (A), other than the |
|
isoquinoline alkaloids of opium; |
|
(C) Opium poppy and poppy straw; |
|
(D) Cocaine, including: |
|
(i) its salts, its optical, position, and |
|
geometric isomers, and the salts of those isomers; |
|
(ii) coca leaves and a salt, compound, |
|
derivative, or preparation of coca leaves; and |
|
(iii) a salt, compound, derivative, or |
|
preparation of a salt, compound, or derivative that is chemically |
|
equivalent or identical to a substance described by Subparagraph |
|
(i) or (ii), other than decocainized coca leaves or extractions of |
|
coca leaves that do not contain cocaine or ecgonine; and |
|
(E) concentrate of poppy straw, meaning the crude |
|
extract of poppy straw in liquid, solid, or powder form that |
|
contains the phenanthrine alkaloids of the opium poppy; |
|
(4) the following opiates, including their isomers, |
|
esters, ethers, salts, and salts of isomers, if the existence of |
|
these isomers, esters, ethers, and salts is possible within the |
|
specific chemical designation: |
|
Acetyl-alpha-methylfentanyl (N-[1-(1-methyl-2- |
|
phenethyl)-4-piperidinyl]-N-phenylacetamide); |
|
Alpha-methylthiofentanyl (N-[1-methyl-2-(2- |
|
thienyl)ethyl-4-piperidinyl]-N-phenylpropanamide); |
|
Alphaprodine; |
|
Anileridine; |
|
Beta-hydroxyfentanyl (N-[1-(2-hydroxy-2- |
|
phenethyl)-4-piperidinyl] -N-phenylpropanamide); |
|
Beta-hydroxy-3-methylfentanyl; |
|
Bezitramide; |
|
Carfentanil; |
|
Dihydrocodeine not listed in Penalty Group 3 or 4; |
|
Diphenoxylate not listed in Penalty Group 3 or 4; |
|
[Fentanyl or alpha-methylfentanyl, or any other |
|
derivative of Fentanyl;] |
|
Isomethadone; |
|
Levomethorphan; |
|
Levorphanol; |
|
Metazocine; |
|
Methadone; |
|
Methadone-Intermediate, 4-cyano-2-dimethylamino- |
|
4, 4-diphenyl butane; |
|
3-methylfentanyl(N-[3-methyl-1-(2-phenylethyl)- |
|
4-piperidyl]-N-phenylpropanamide); |
|
3-methylthiofentanyl(N-[3-methyl-1-(2-thienyl) |
|
ethyl-4-piperidinyl]-N-phenylpropanamide); |
|
Moramide-Intermediate, 2-methyl-3-morpholino-1, |
|
1-diphenyl-propane-carboxylic acid; |
|
Para-fluorofentanyl(N-(4-fluorophenyl)-N-1-(2- |
|
phenylethyl)-4-piperidinylpropanamide); |
|
PEPAP (1-(2-phenethyl)-4-phenyl-4- |
|
acetoxypiperidine); |
|
Pethidine (Meperidine); |
|
Pethidine-Intermediate-A, 4-cyano-1-methyl-4- |
|
phenylpiperidine; |
|
Pethidine-Intermediate-B, ethyl-4- |
|
phenylpiperidine-4 carboxylate; |
|
Pethidine-Intermediate-C, 1-methyl-4- |
|
phenylpiperidine-4-carboxylic acid; |
|
Phenazocine; |
|
Piminodine; |
|
Racemethorphan; |
|
Racemorphan; |
|
Remifentanil; and |
|
Thiofentanyl(N-phenyl-N-[1-(2-thienyl)ethyl-4- |
|
piperidinyl]-propanamide); |
|
(5) Flunitrazepam (trade or other name: Rohypnol); |
|
(6) Methamphetamine, including its salts, optical |
|
isomers, and salts of optical isomers; |
|
(7) Phenylacetone and methylamine, if possessed |
|
together with intent to manufacture methamphetamine; |
|
(8) Phencyclidine, including its salts; |
|
(9) Gamma hydroxybutyric acid (some trade or other |
|
names: gamma hydroxybutyrate, GHB), including its salts; |
|
(10) Ketamine; |
|
(11) Phenazepam; |
|
(12) U-47700; |
|
(13) AH-7921; |
|
(14) ADB-FUBINACA; |
|
(15) AMB-FUBINACA; and |
|
(16) MDMB-CHMICA. |
|
SECTION 3. Subchapter D, Chapter 481, Health and Safety |
|
Code, is amended by adding Section 481.1022 to read as follows: |
|
Sec. 481.1022. PENALTY GROUP 1-B. Penalty Group 1-B |
|
consists of fentanyl, alpha-methylfentanyl, and any other |
|
derivative of fentanyl. |
|
SECTION 4. Section 481.106, Health and Safety Code, is |
|
amended to read as follows: |
|
Sec. 481.106. CLASSIFICATION OF CONTROLLED SUBSTANCE |
|
ANALOGUE. For the purposes of the prosecution of an offense under |
|
this subchapter involving the manufacture, delivery, or possession |
|
of a controlled substance, Penalty Groups 1, 1-A, 1-B, 2, and 2-A |
|
include a controlled substance analogue that: |
|
(1) has a chemical structure substantially similar to |
|
the chemical structure of a controlled substance listed in the |
|
applicable penalty group; or |
|
(2) is specifically designed to produce an effect |
|
substantially similar to, or greater than, a controlled substance |
|
listed in the applicable penalty group. |
|
SECTION 5. Subchapter D, Chapter 481, Health and Safety |
|
Code, is amended by adding Section 481.1123 to read as follows: |
|
Sec. 481.1123. OFFENSE: MANUFACTURE OR DELIVERY OF |
|
SUBSTANCE IN PENALTY GROUP 1-B. (a) Except as authorized by this |
|
chapter, a person commits an offense if the person knowingly |
|
manufactures, delivers, or possesses with intent to deliver a |
|
controlled substance listed in Penalty Group 1-B. |
|
(b) An offense under Subsection (a) is a felony of the third |
|
degree if the amount of the controlled substance to which the |
|
offense applies is, by aggregate weight, including adulterants or |
|
dilutants, less than one gram. |
|
(c) An offense under Subsection (a) is a felony of the first |
|
degree if the amount of the controlled substance to which the |
|
offense applies is, by aggregate weight, including adulterants or |
|
dilutants, one gram or more but less than four grams. |
|
(d) An offense under Subsection (a) is punishable by |
|
imprisonment in the Texas Department of Criminal Justice for life |
|
or for a term of not more than 99 years or less than 10 years, and a |
|
fine not to exceed $20,000, if the amount of the controlled |
|
substance to which the offense applies is, by aggregate weight, |
|
including adulterants or dilutants, four grams or more but less |
|
than 200 grams. |
|
(e) An offense under Subsection (a) is punishable by |
|
imprisonment in the Texas Department of Criminal Justice for life |
|
or for a term of not more than 99 years or less than 15 years, and a |
|
fine not to exceed $200,000, if the amount of the controlled |
|
substance to which the offense applies is, by aggregate weight, |
|
including adulterants or dilutants, 200 grams or more but less than |
|
400 grams. |
|
(f) An offense under Subsection (a) is punishable by |
|
imprisonment in the Texas Department of Criminal Justice for life |
|
or for a term of not more than 99 years or less than 20 years, and a |
|
fine not to exceed $500,000, if the amount of the controlled |
|
substance to which the offense applies is, by aggregate weight, |
|
including adulterants or dilutants, 400 grams or more. |
|
SECTION 6. The heading to Section 481.115, Health and |
|
Safety Code, is amended to read as follows: |
|
Sec. 481.115. OFFENSE: POSSESSION OF SUBSTANCE IN PENALTY |
|
GROUP 1 OR 1-B. |
|
SECTION 7. Section 481.115(a), Health and Safety Code, is |
|
amended to read as follows: |
|
(a) Except as authorized by this chapter, a person commits |
|
an offense if the person knowingly or intentionally possesses a |
|
controlled substance listed in Penalty Group 1 or 1-B, unless the |
|
person obtained the substance directly from or under a valid |
|
prescription or order of a practitioner acting in the course of |
|
professional practice. |
|
SECTION 8. Section 481.122(a), Health and Safety Code, is |
|
amended to read as follows: |
|
(a) A person commits an offense if the person knowingly |
|
delivers a controlled substance listed in Penalty Group 1, 1-A, |
|
1-B, 2, or 3 or knowingly delivers marihuana and the person delivers |
|
the controlled substance or marihuana to a person: |
|
(1) who is a child; |
|
(2) who is enrolled in a public or private primary or |
|
secondary school; or |
|
(3) who the actor knows or believes intends to deliver |
|
the controlled substance or marihuana to a person described by |
|
Subdivision (1) or (2). |
|
SECTION 9. Section 481.124(d), Health and Safety Code, is |
|
amended to read as follows: |
|
(d) An offense under this section is: |
|
(1) a felony of the second degree if the controlled |
|
substance is listed in Penalty Group 1, [or] 1-A, or 1-B; |
|
(2) a felony of the third degree if the controlled |
|
substance is listed in Penalty Group 2; |
|
(3) a state jail felony if the controlled substance is |
|
listed in Penalty Group 3 or 4; or |
|
(4) a Class A misdemeanor if the controlled substance |
|
is listed in a schedule by an action of the commissioner under this |
|
chapter but not listed in a penalty group. |
|
SECTION 10. Sections 481.134(b) and (c), Health and Safety |
|
Code, are amended to read as follows: |
|
(b) An offense otherwise punishable as a state jail felony |
|
under Section 481.112, 481.1121, 481.1123, 481.113, 481.114, or |
|
481.120 is punishable as a felony of the third degree, an offense |
|
otherwise punishable as a felony of the third degree under any of |
|
those sections is punishable as a felony of the second degree, and |
|
an offense otherwise punishable as a felony of the second degree |
|
under any of those sections is punishable as a felony of the first |
|
degree, if it is shown at the punishment phase of the trial of the |
|
offense that the offense was committed: |
|
(1) in, on, or within 1,000 feet of premises owned, |
|
rented, or leased by an institution of higher learning, the |
|
premises of a public or private youth center, or a playground; or |
|
(2) in, on, or within 300 feet of the premises of a |
|
public swimming pool or video arcade facility. |
|
(c) The minimum term of confinement or imprisonment for an |
|
offense otherwise punishable under Section 481.112(c), (d), (e), or |
|
(f), 481.1121(b)(2), (3), or (4), 481.1123(c), (d), (e), or (f), |
|
481.113(c), (d), or (e), 481.114(c), (d), or (e), 481.115(c)-(f), |
|
481.1151(b)(2), (3), (4), or (5), 481.116(c), (d), or (e), |
|
481.1161(b)(4), (5), or (6), 481.117(c), (d), or (e), 481.118(c), |
|
(d), or (e), 481.120(b)(4), (5), or (6), or 481.121(b)(4), (5), or |
|
(6) is increased by five years and the maximum fine for the offense |
|
is doubled if it is shown on the trial of the offense that the |
|
offense was committed: |
|
(1) in, on, or within 1,000 feet of the premises of a |
|
school, the premises of a public or private youth center, or a |
|
playground; or |
|
(2) on a school bus. |
|
SECTION 11. Section 481.140(a), Health and Safety Code, is |
|
amended to read as follows: |
|
(a) If it is shown at the punishment phase of the trial of an |
|
offense otherwise punishable as a state jail felony, felony of the |
|
third degree, or felony of the second degree under Section 481.112, |
|
481.1121, 481.1123, 481.113, 481.114, 481.120, or 481.122 that the |
|
defendant used or attempted to use a child younger than 18 years of |
|
age to commit or assist in the commission of the offense, the |
|
punishment is increased by one degree, unless the defendant used or |
|
threatened to use force against the child or another to gain the |
|
child's assistance, in which event the punishment for the offense |
|
is a felony of the first degree. |
|
SECTION 12. Section 481.141(b), Health and Safety Code, is |
|
amended to read as follows: |
|
(b) This section applies to an offense otherwise punishable |
|
as a state jail felony, felony of the third degree, or felony of the |
|
second degree under Section 481.112, 481.1121, 481.1123, 481.113, |
|
481.114, or 481.122. |
|
SECTION 13. Article 42A.054(a), Code of Criminal Procedure, |
|
is amended to read as follows: |
|
(a) Article 42A.053 does not apply to a defendant adjudged |
|
guilty of an offense under: |
|
(1) Section 15.03, Penal Code, if the offense is |
|
punishable as a felony of the first degree; |
|
(2) Section 19.02, Penal Code (Murder); |
|
(3) Section 19.03, Penal Code (Capital Murder); |
|
(4) Section 20.04, Penal Code (Aggravated |
|
Kidnapping); |
|
(5) Section 20A.02, Penal Code (Trafficking of |
|
Persons); |
|
(6) Section 20A.03, Penal Code (Continuous |
|
Trafficking of Persons); |
|
(7) Section 21.11, Penal Code (Indecency with a |
|
Child); |
|
(8) Section 22.011, Penal Code (Sexual Assault); |
|
(9) Section 22.021, Penal Code (Aggravated Sexual |
|
Assault); |
|
(10) Section 22.04(a)(1), Penal Code (Injury to a |
|
Child, Elderly Individual, or Disabled Individual), if: |
|
(A) the offense is punishable as a felony of the |
|
first degree; and |
|
(B) the victim of the offense is a child; |
|
(11) Section 29.03, Penal Code (Aggravated Robbery); |
|
(12) Section 30.02, Penal Code (Burglary), if: |
|
(A) the offense is punishable under Subsection |
|
(d) of that section; and |
|
(B) the actor committed the offense with the |
|
intent to commit a felony under Section 21.02, 21.11, 22.011, |
|
22.021, or 25.02, Penal Code; |
|
(13) Section 43.04, Penal Code (Aggravated Promotion |
|
of Prostitution); |
|
(14) Section 43.05, Penal Code (Compelling |
|
Prostitution); |
|
(15) Section 43.25, Penal Code (Sexual Performance by |
|
a Child); [or] |
|
(16) Chapter 481, Health and Safety Code, for which |
|
punishment is increased under: |
|
(A) Section 481.140 of that code (Use of Child in |
|
Commission of Offense); or |
|
(B) Section 481.134(c), (d), (e), or (f) of that |
|
code (Drug-free Zones) if it is shown that the defendant has been |
|
previously convicted of an offense for which punishment was |
|
increased under any of those subsections; or |
|
(17) Section 481.1123, Health and Safety Code |
|
(Manufacture or Delivery of Substance in Penalty Group 1-B), if the |
|
offense is punishable under Subsection (d), (e), or (f) of that |
|
section. |
|
SECTION 14. Article 42A.056, Code of Criminal Procedure, is |
|
amended to read as follows: |
|
Art. 42A.056. LIMITATION ON JURY-RECOMMENDED COMMUNITY |
|
SUPERVISION. A defendant is not eligible for community |
|
supervision under Article 42A.055 if the defendant: |
|
(1) is sentenced to a term of imprisonment that |
|
exceeds 10 years; |
|
(2) is convicted of a state jail felony for which |
|
suspension of the imposition of the sentence occurs automatically |
|
under Article 42A.551; |
|
(3) is adjudged guilty of an offense under Section |
|
19.02, Penal Code; |
|
(4) is convicted of an offense under Section 21.11, |
|
22.011, or 22.021, Penal Code, if the victim of the offense was |
|
younger than 14 years of age at the time the offense was committed; |
|
(5) is convicted of an offense under Section 20.04, |
|
Penal Code, if: |
|
(A) the victim of the offense was younger than 14 |
|
years of age at the time the offense was committed; and |
|
(B) the actor committed the offense with the |
|
intent to violate or abuse the victim sexually; |
|
(6) is convicted of an offense under Section 20A.02, |
|
20A.03, 43.04, 43.05, or 43.25, Penal Code; [or] |
|
(7) is convicted of an offense for which punishment is |
|
increased under Section 481.134(c), (d), (e), or (f), Health and |
|
Safety Code, if it is shown that the defendant has been previously |
|
convicted of an offense for which punishment was increased under |
|
any of those subsections; or |
|
(8) is convicted of an offense under Section 481.1123, |
|
Health and Safety Code, if the offense is punishable under |
|
Subsection (d), (e), or (f) of that section. |
|
SECTION 15. Article 42A.102(b), Code of Criminal Procedure, |
|
as amended by Chapters 1137 (H.B. 2758) and 1298 (H.B. 3582), Acts |
|
of the 86th Legislature, Regular Session, 2019, is reenacted and |
|
amended to read as follows: |
|
(b) In all other cases, the judge may grant deferred |
|
adjudication community supervision unless: |
|
(1) the defendant is charged with an offense: |
|
(A) under Section 20A.02, [or] 20A.03, [or] |
|
49.045, 49.05, 49.065, 49.07, or 49.08, Penal Code; |
|
(B) under Section 49.04 or 49.06, Penal Code, |
|
and, at the time of the offense: |
|
(i) the defendant held a commercial |
|
driver's license or a commercial learner's permit; or |
|
(ii) the defendant's alcohol concentration, |
|
as defined by Section 49.01, Penal Code, was 0.15 or more; |
|
(C) for which punishment may be increased under |
|
Section 49.09, Penal Code; [or] |
|
(D) for which punishment may be increased under |
|
Section 481.134(c), (d), (e), or (f), Health and Safety Code, if it |
|
is shown that the defendant has been previously convicted of an |
|
offense for which punishment was increased under any one of those |
|
subsections; or |
|
(E) under Section 481.1123, Health and Safety |
|
Code, that is punishable under Subsection (d), (e), or (f) of that |
|
section; |
|
(2) the defendant: |
|
(A) is charged with an offense under Section |
|
21.11, 22.011, 22.021, 43.04, or 43.05, Penal Code, regardless of |
|
the age of the victim, or a felony described by Article 42A.453(b), |
|
other than a felony described by Subdivision (1)(A) or (3)(B) of |
|
this subsection; and |
|
(B) has previously been placed on community |
|
supervision for an offense under Paragraph (A); |
|
(3) the defendant is charged with an offense under: |
|
(A) Section 21.02, Penal Code; or |
|
(B) Section 22.021, Penal Code, that is |
|
punishable under Subsection (f) of that section or under Section |
|
12.42(c)(3) or (4), Penal Code; or |
|
(4) the defendant is charged with an offense under |
|
Section 19.02, Penal Code, except that the judge may grant deferred |
|
adjudication community supervision on determining that the |
|
defendant did not cause the death of the deceased, did not intend to |
|
kill the deceased or another, and did not anticipate that a human |
|
life would be taken. |
|
SECTION 16. Section 508.149(a), Government Code, is amended |
|
to read as follows: |
|
(a) An inmate may not be released to mandatory supervision |
|
if the inmate is serving a sentence for or has been previously |
|
convicted of: |
|
(1) an offense for which the judgment contains an |
|
affirmative finding under Article 42A.054(c) or (d), Code of |
|
Criminal Procedure; |
|
(2) a first degree felony or a second degree felony |
|
under Section 19.02, Penal Code; |
|
(3) a capital felony under Section 19.03, Penal Code; |
|
(4) a first degree felony or a second degree felony |
|
under Section 20.04, Penal Code; |
|
(5) an offense under Section 21.11, Penal Code; |
|
(6) a felony under Section 22.011, Penal Code; |
|
(7) a first degree felony or a second degree felony |
|
under Section 22.02, Penal Code; |
|
(8) a first degree felony under Section 22.021, Penal |
|
Code; |
|
(9) a first degree felony under Section 22.04, Penal |
|
Code; |
|
(10) a first degree felony under Section 28.02, Penal |
|
Code; |
|
(11) a second degree felony under Section 29.02, Penal |
|
Code; |
|
(12) a first degree felony under Section 29.03, Penal |
|
Code; |
|
(13) a first degree felony under Section 30.02, Penal |
|
Code; |
|
(14) a felony for which the punishment is increased |
|
under Section 481.134 or Section 481.140, Health and Safety Code; |
|
(15) an offense under Section 43.25, Penal Code; |
|
(16) an offense under Section 21.02, Penal Code; |
|
(17) a first degree felony under Section 15.03, Penal |
|
Code; |
|
(18) an offense under Section 43.05, Penal Code; |
|
(19) an offense under Section 20A.02, Penal Code; |
|
(20) an offense under Section 20A.03, Penal Code; [or] |
|
(21) a first degree felony under Section 71.02 or |
|
71.023, Penal Code; or |
|
(22) an offense under Section 481.1123, Health and |
|
Safety Code, punished under Subsection (d), (e), or (f) of that |
|
section. |
|
SECTION 17. Section 161.042(a), Health and Safety Code, is |
|
amended to read as follows: |
|
(a) A physician who attends or treats, or who is requested |
|
to attend or treat, an overdose of a controlled substance listed in |
|
Penalty Group 1 under Section 481.102 or a controlled substance |
|
listed in Penalty Group 1-B under Section 481.1022, or the |
|
administrator, superintendent, or other person in charge of a |
|
hospital, sanitorium, or other institution in which an overdose of |
|
a controlled substance listed in Penalty Group 1 under Section |
|
481.102 or a controlled substance listed in Penalty Group 1-B under |
|
Section 481.1022 is attended or treated or in which the attention or |
|
treatment is requested, shall report the case at once to the |
|
department. |
|
SECTION 18. Sections 551.003(11) and (12), Occupations |
|
Code, are amended to read as follows: |
|
(11) "Controlled substance" means a substance, |
|
including a drug: |
|
(A) listed in Schedule I, II, III, IV, or V, as |
|
established by the commissioner of public health under Chapter 481, |
|
Health and Safety Code, or in Penalty Group 1, 1-A, 1-B, 2, 3, or 4, |
|
Chapter 481; or |
|
(B) included in Schedule I, II, III, IV, or V of |
|
the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 |
|
U.S.C. Section 801 et seq.). |
|
(12) "Dangerous drug" means a drug or device that: |
|
(A) is not included in Penalty Group 1, 1-B, 2, 3, |
|
or 4, Chapter 481, Health and Safety Code, and is unsafe for |
|
self-medication; or |
|
(B) bears or is required to bear the legend: |
|
(i) "Caution: federal law prohibits |
|
dispensing without prescription" or "Rx only" or another legend |
|
that complies with federal law; or |
|
(ii) "Caution: federal law restricts this |
|
drug to use by or on the order of a licensed veterinarian." |
|
SECTION 19. Section 22.041(c-1), Penal Code, is amended to |
|
read as follows: |
|
(c-1) For purposes of Subsection (c), it is presumed that a |
|
person engaged in conduct that places a child in imminent danger of |
|
death, bodily injury, or physical or mental impairment if: |
|
(1) the person manufactured, possessed, or in any way |
|
introduced into the body of any person the controlled substance |
|
methamphetamine in the presence of the child; |
|
(2) the person's conduct related to the proximity or |
|
accessibility of the controlled substance methamphetamine to the |
|
child and an analysis of a specimen of the child's blood, urine, or |
|
other bodily substance indicates the presence of methamphetamine in |
|
the child's body; or |
|
(3) the person injected, ingested, inhaled, or |
|
otherwise introduced a controlled substance listed in Penalty Group |
|
1, Section 481.102, Health and Safety Code, or Penalty Group 1-B, |
|
Section 481.1022, Health and Safety Code, into the human body when |
|
the person was not in lawful possession of the substance as defined |
|
by Section 481.002(24) of that code. |
|
SECTION 20. Section 71.023(a), Penal Code, is amended to |
|
read as follows: |
|
(a) A person commits an offense if the person, as part of the |
|
identifiable leadership of a criminal street gang, knowingly |
|
finances, directs, or supervises the commission of, or a conspiracy |
|
to commit, one or more of the following offenses by members of a |
|
criminal street gang: |
|
(1) a felony offense that is listed in Article |
|
42A.054(a), Code of Criminal Procedure; |
|
(2) a felony offense for which it is shown that a |
|
deadly weapon, as defined by Section 1.07, was used or exhibited |
|
during the commission of the offense or during immediate flight |
|
from the commission of the offense; or |
|
(3) an offense that is punishable under Section |
|
481.112(e) or (f)[, 481.112(f)], 481.1121(b)(4), 481.1123(d), (e), |
|
or (f), 481.115(f), or 481.120(b)(6), Health and Safety Code. |
|
SECTION 21. To the extent of any conflict, this Act prevails |
|
over another Act of the 87th Legislature, Regular Session, 2021, |
|
relating to nonsubstantive additions to and corrections in enacted |
|
codes. |
|
SECTION 22. The change in law made by this Act applies only |
|
to an offense committed on or after the effective date of this Act. |
|
An offense committed before the effective date of this Act is |
|
governed by the law in effect on the date the offense was committed, |
|
and the former law is continued in effect for that purpose. For |
|
purposes of this section, an offense was committed before the |
|
effective date of this Act if any element of the offense occurred |
|
before that date. |
|
SECTION 23. This Act takes effect September 1, 2021. |
|
|
|
* * * * * |