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A BILL TO BE ENTITLED
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AN ACT
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relating to the offense of providing a controlled substance to a |
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person in the custody of a correctional facility; increasing a |
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criminal penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 38.11, Penal Code, is amended by |
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amending Subsection (g) and adding Subsections (g-1) and (g-2) to |
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read as follows: |
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(g) Except as otherwise provided by Subsections (g-1) and |
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(g-2), an [An] offense under this section is a felony of the third |
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degree. |
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(g-1) Except as otherwise provided by Subsection (g-2), an |
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offense under Subsection (a) is a felony of the second degree if the |
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actor: |
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(1) is employed by the correctional facility; and |
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(2) provides a controlled substance to a person in the |
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custody of the correctional facility, except on the prescription of |
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a practitioner. |
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(g-2) An offense under Subsection (a) is a felony of the |
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first degree punishable by imprisonment in the Texas Department of |
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Criminal Justice for life or for a term of not more than 99 years or |
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less than 15 years, and a fine not to exceed $250,000 if: |
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(1) the actor is employed by the correctional |
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facility; |
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(2) the actor provides a controlled substance to a |
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person in the custody of the correctional facility, except on the |
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prescription of a practitioner; and |
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(3) the ingestion, inhalation, injection, or other |
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administration of the controlled substance causes the death of a |
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person in the custody of the facility. |
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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 occurred |
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before that date. |
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SECTION 3. This Act takes effect September 1, 2025. |