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A BILL TO BE ENTITLED
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AN ACT
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relating to increasing the criminal penalties for delivery of a |
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controlled substance in Penalty Group 1-B to a child. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 481.122(c), Health and Safety Code, is |
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amended to read as follows: |
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(c) An offense under this section is a felony of the second |
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degree, except that an offense under this section is: |
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(1) a felony of the first degree punishable by |
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imprisonment in the Texas Department of Criminal Justice for life |
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or for a term of not more than 99 years or less than 20 years, and a |
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fine not to exceed $500,000, if the actor delivers a controlled |
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substance listed in Penalty Group 1-B to a person described by |
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Subsection (a)(1); or |
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(2) a capital felony if the actor delivers a |
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controlled substance listed in Penalty Group 1-B to a person |
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described by Subsection (a)(1) and a child dies as a result of |
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injecting, ingesting, inhaling, or introducing into the child's |
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body any amount of the controlled substance delivered by the actor, |
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regardless of whether the controlled substance was used by itself |
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or with another substance, including a drug, adulterant, or |
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dilutant. |
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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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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense was |
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committed before that date. |
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SECTION 3. This Act takes effect September 1, 2023. |