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A BILL TO BE ENTITLED
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AN ACT
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relating to the offense of manslaughter; increasing the criminal |
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penalty for certain offenders. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 19.04, Penal Code, is amended by |
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amending Subsection (b) and adding Subsection (c) to read as |
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follows: |
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(b) An offense under this section is a felony of the second |
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degree, except that an offense is a felony of the first degree if: |
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(1) the actor delivered a controlled substance, |
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simulated controlled substance, or dangerous drug to the individual |
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in violation of Chapter 481, 482, or 483, Health and Safety Code; |
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(2) the controlled substance, simulated controlled |
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substance, or dangerous drug as delivered consisted wholly or |
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partly of a substance listed in Section 481.102(1), (2), (3), or |
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(4) or Section 481.1022, Health and Safety Code; |
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(3) the individual consumed the controlled substance, |
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simulated controlled substance, or dangerous drug without altering |
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the substance or drug; and |
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(4) the individual's death resulted from the |
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consumption of the controlled substance, simulated controlled |
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substance, or dangerous drug. |
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(c) The enhancement of the penalty under Subsection (b) for |
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a death caused by the consumption of a controlled substance or |
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dangerous drug does not apply to an actor who prescribed, |
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dispensed, or administered a controlled substance or dangerous drug |
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during the ordinary course of medical treatment of a patient for |
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legitimate medical purposes. |
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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 |
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Act. 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. |