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. |
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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. |