| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to creating the criminal offense of continuous manufacture |
|
|
or delivery of a controlled substance. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Subchapter D, Chapter 481, Health and Safety |
|
|
Code, is amended by adding Section 481.142 to read as follows: |
|
|
Sec. 481.142. CONTINUOUS MANUFACTURE OR DELIVERY OF |
|
|
CONTROLLED SUBSTANCE. (a) A person commits an offense if, during a |
|
|
period that is 12 months or less in duration, the person engages two |
|
|
or more times in conduct that constitutes an offense under Section |
|
|
481.112, 481.1121, 481.113, or 481.114. |
|
|
(b) If a jury is the trier of fact, members of the jury are |
|
|
not required to agree unanimously on which specific conduct engaged |
|
|
in by the defendant constituted an offense described by Subsection |
|
|
(a), the exact date on which that conduct occurred, or the county in |
|
|
which each instance of the conduct occurred. The jury must agree |
|
|
unanimously that the defendant, during a period that is 12 months or |
|
|
less in duration, engaged two or more times in conduct that |
|
|
constitutes an offense under Section 481.112, 481.1121, 481.113, or |
|
|
481.114. |
|
|
(c) The defendant may not be convicted in the same criminal |
|
|
action of another offense an element of which is any conduct that is |
|
|
alleged as an element of the offense under Subsection (a) unless the |
|
|
other offense: |
|
|
(1) is charged in the alternative; |
|
|
(2) occurred outside the period in which the offense |
|
|
alleged under Subsection (a) was committed; or |
|
|
(3) is considered by the trier of fact to be a lesser |
|
|
included offense of the offense alleged under Subsection (a). |
|
|
(d) A defendant may not be charged with more than one count |
|
|
under Subsection (a) for conduct occurring during the same period |
|
|
described by Subsection (a). |
|
|
(e) An offense under this section is a felony of the third |
|
|
degree. |
|
|
SECTION 2. 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 at the time 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 3. This Act takes effect September 1, 2025. |