Bill Text: TX HB1581 | 2023-2024 | 88th Legislature | Comm Sub
Bill Title: Relating to the manufacture or delivery of a controlled substance causing death or serious bodily injury; creating a criminal offense.
Spectrum: Strong Partisan Bill (Republican 36-3)
Status: (Introduced - Dead) 2023-05-11 - Placed on General State Calendar [HB1581 Detail]
Download: Texas-2023-HB1581-Comm_Sub.html
| 88R3110 CJD-D | ||
| By: Thimesch, Frazier, Lujan, | H.B. No. 1581 | |
| Johnson of Dallas, Cook, et al. | ||
|
|
||
|
|
||
| relating to the manufacture or delivery of a controlled substance | ||
| causing death or serious bodily injury; creating a criminal | ||
| offense. | ||
| 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. OFFENSE: MANUFACTURE OR DELIVERY OF | ||
| CONTROLLED SUBSTANCE CAUSING DEATH OR SERIOUS BODILY INJURY. (a) A | ||
| person commits an offense if the person knowingly manufactures or | ||
| delivers a controlled substance in violation of this chapter and a | ||
| person dies or suffers serious bodily injury as a result of | ||
| injecting, ingesting, inhaling, or introducing into the person's | ||
| body any amount of the controlled substance manufactured or | ||
| delivered by the actor, regardless of whether the controlled | ||
| substance was used by itself or with another substance, including a | ||
| drug, adulterant, or dilutant. | ||
| (b) An offense under this section is: | ||
| (1) a felony of the second degree if the commission of | ||
| the offense resulted in serious bodily injury to a person; or | ||
| (2) a felony of the first degree if the commission of | ||
| the offense resulted in the death of a person. | ||
| (c) It is a defense to prosecution under this section that | ||
| the actor's conduct in manufacturing or delivering the controlled | ||
| substance was authorized under this chapter or other state or | ||
| federal law. | ||
| (d) If conduct constituting an offense under this section | ||
| also constitutes an offense under another section of this chapter | ||
| or the Penal Code, the actor may be prosecuted under either section | ||
| or both sections. | ||
| (e) Notwithstanding Article 42.08, Code of Criminal | ||
| Procedure, if a defendant is convicted of an offense under this | ||
| section, the court may not order the sentence for the offense to run | ||
| concurrently with any other sentence the court imposes on the | ||
| defendant. | ||
| SECTION 2. The changes in law made by this Act apply 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 3. This Act takes effect September 1, 2023. | ||
