Bill Text: TX HB6 | 2023-2024 | 88th Legislature | Enrolled
Bill Title: Relating to the designation of fentanyl poisoning or fentanyl toxicity for purposes of the death certificate and to the criminal penalties for certain controlled substance offenses; increasing a criminal penalty.
Spectrum: Partisan Bill (Republican 40-2)
Status: (Passed) 2023-06-17 - Effective on 9/1/23 [HB6 Detail]
Download: Texas-2023-HB6-Enrolled.html
H.B. No. 6 |
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relating to the designation of fentanyl poisoning or fentanyl | ||
toxicity for purposes of the death certificate and to the criminal | ||
penalties for certain controlled substance offenses; increasing a | ||
criminal penalty. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 193.005, Health and Safety Code, is | ||
amended by adding Subsection (e-1) to read as follows: | ||
(e-1) The medical certification on a death certificate must | ||
include either the term "Fentanyl Poisoning" or the term "Fentanyl | ||
Toxicity" if: | ||
(1) a toxicology examination reveals a controlled | ||
substance listed in Penalty Group 1-B present in the body of the | ||
decedent in an amount or concentration that is considered to be | ||
lethal by generally accepted scientific standards; and | ||
(2) the results of an autopsy performed on the | ||
decedent are consistent with an opioid overdose as the cause of | ||
death. | ||
SECTION 2. Section 481.102, Health and Safety Code, is | ||
amended to read as follows: | ||
Sec. 481.102. PENALTY GROUP 1. Penalty Group 1 consists | ||
of: | ||
(1) the following opiates, including their isomers, | ||
esters, ethers, salts, and salts of isomers, esters, and ethers, | ||
unless specifically excepted, if the existence of these isomers, | ||
esters, ethers, and salts is possible within the specific chemical | ||
designation: | ||
[ |
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Allylprodine; | ||
Alphacetylmethadol; | ||
Benzethidine; | ||
Betaprodine; | ||
Clonitazene; | ||
Diampromide; | ||
Diethylthiambutene; | ||
Difenoxin not listed in Penalty Group 3 or 4; | ||
Dimenoxadol; | ||
Dimethylthiambutene; | ||
Dioxaphetyl butyrate; | ||
Dipipanone; | ||
Ethylmethylthiambutene; | ||
Etonitazene; | ||
Etoxeridine; | ||
Furethidine; | ||
Hydroxypethidine; | ||
Ketobemidone; | ||
Levophenacylmorphan; | ||
Meprodine; | ||
Methadol; | ||
Moramide; | ||
Morpheridine; | ||
Noracymethadol; | ||
Norlevorphanol; | ||
Normethadone; | ||
Norpipanone; | ||
Phenadoxone; | ||
Phenampromide; | ||
Phenomorphan; | ||
Phenoperidine; | ||
Piritramide; | ||
Proheptazine; | ||
Properidine; | ||
Propiram; | ||
[ |
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Tilidine; and | ||
Trimeperidine; | ||
(2) the following opium derivatives, their salts, | ||
isomers, and salts of isomers, unless specifically excepted, if the | ||
existence of these salts, isomers, and salts of isomers is possible | ||
within the specific chemical designation: | ||
Acetorphine; | ||
Acetyldihydrocodeine; | ||
Benzylmorphine; | ||
Codeine methylbromide; | ||
Codeine-N-Oxide; | ||
Cyprenorphine; | ||
Desomorphine; | ||
Dihydromorphine; | ||
Drotebanol; | ||
Etorphine, except hydrochloride salt; | ||
Heroin; | ||
Hydromorphinol; | ||
Methyldesorphine; | ||
Methyldihydromorphine; | ||
Monoacetylmorphine; | ||
Morphine methylbromide; | ||
Morphine methylsulfonate; | ||
Morphine-N-Oxide; | ||
Myrophine; | ||
Nicocodeine; | ||
Nicomorphine; | ||
Normorphine; | ||
Pholcodine; and | ||
Thebacon; | ||
(3) the following substances, however produced, | ||
except those narcotic drugs listed in another group: | ||
(A) Opium and opiate not listed in Penalty Group | ||
3 or 4, and a salt, compound, derivative, or preparation of opium or | ||
opiate, other than thebaine derived butorphanol, nalmefene and its | ||
salts, naloxone and its salts, and naltrexone and its salts, but | ||
including: | ||
Codeine not listed in Penalty Group 3 or 4; | ||
Dihydroetorphine; | ||
Ethylmorphine not listed in Penalty Group 3 | ||
or 4; | ||
Granulated opium; | ||
Hydrocodone not listed in Penalty Group 3; | ||
Hydromorphone; | ||
Metopon; | ||
Morphine not listed in Penalty Group 3; | ||
Opium extracts; | ||
Opium fluid extracts; | ||
Oripavine; | ||
Oxycodone; | ||
Oxymorphone; | ||
Powdered opium; | ||
Raw opium; | ||
Thebaine; and | ||
Tincture of opium; | ||
(B) a salt, compound, isomer, derivative, or | ||
preparation of a substance that is chemically equivalent or | ||
identical to a substance described by Paragraph (A), other than the | ||
isoquinoline alkaloids of opium; | ||
(C) Opium poppy and poppy straw; | ||
(D) Cocaine, including: | ||
(i) its salts, its optical, position, and | ||
geometric isomers, and the salts of those isomers; | ||
(ii) coca leaves and a salt, compound, | ||
derivative, or preparation of coca leaves; and | ||
(iii) a salt, compound, derivative, or | ||
preparation of a salt, compound, or derivative that is chemically | ||
equivalent or identical to a substance described by Subparagraph | ||
(i) or (ii), other than decocainized coca leaves or extractions of | ||
coca leaves that do not contain cocaine or ecgonine; and | ||
(E) concentrate of poppy straw, meaning the crude | ||
extract of poppy straw in liquid, solid, or powder form that | ||
contains the phenanthrine alkaloids of the opium poppy; | ||
(4) the following opiates, including their isomers, | ||
esters, ethers, salts, and salts of isomers, if the existence of | ||
these isomers, esters, ethers, and salts is possible within the | ||
specific chemical designation: | ||
[ |
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[ |
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Alphaprodine; | ||
Anileridine; | ||
[ |
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[ |
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Bezitramide; | ||
[ |
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Dihydrocodeine not listed in Penalty Group 3 or 4; | ||
Diphenoxylate not listed in Penalty Group 3 or 4; | ||
Isomethadone; | ||
Levomethorphan; | ||
Levorphanol; | ||
Metazocine; | ||
Methadone; | ||
Methadone-Intermediate, 4-cyano-2-dimethylamino- | ||
4, 4-diphenyl butane; | ||
[ |
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[ |
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Moramide-Intermediate, 2-methyl-3-morpholino-1, | ||
1-diphenyl-propane-carboxylic acid; | ||
[ |
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PEPAP (1-(2-phenethyl)-4-phenyl-4- | ||
acetoxypiperidine); | ||
Pethidine (Meperidine); | ||
Pethidine-Intermediate-A, 4-cyano-1-methyl-4- | ||
phenylpiperidine; | ||
Pethidine-Intermediate-B, ethyl-4- | ||
phenylpiperidine-4 carboxylate; | ||
Pethidine-Intermediate-C, 1-methyl-4- | ||
phenylpiperidine-4-carboxylic acid; | ||
Phenazocine; | ||
Piminodine; | ||
Racemethorphan; and | ||
Racemorphan; | ||
[ |
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[ |
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(5) Flunitrazepam (trade or other name: Rohypnol); | ||
(6) Methamphetamine, including its salts, optical | ||
isomers, and salts of optical isomers; | ||
(7) Phenylacetone and methylamine, if possessed | ||
together with intent to manufacture methamphetamine; | ||
(8) Phencyclidine, including its salts; | ||
(9) Gamma hydroxybutyric acid (some trade or other | ||
names: gamma hydroxybutyrate, GHB), including its salts; | ||
(10) Ketamine; | ||
(11) Phenazepam; | ||
(12) U-47700; | ||
(13) AH-7921; | ||
(14) ADB-FUBINACA; | ||
(15) AMB-FUBINACA; and | ||
(16) MDMB-CHMICA. | ||
SECTION 3. Section 481.1022, Health and Safety Code, is | ||
amended to read as follows: | ||
Sec. 481.1022. PENALTY GROUP 1-B. Penalty Group 1-B | ||
consists of the following opiates, including their isomers, esters, | ||
ethers, salts, and salts of isomers, esters, and ethers, if the | ||
existence of these isomers, esters, ethers, and salts is possible | ||
within the specific chemical designation: | ||
Acetyl-alpha-methylfentanyl (N-[1-(1-methyl-2- | ||
phenethyl)-4-piperidinyl]-N-phenylacetamide); | ||
Alfentanil; | ||
Alpha-methylthiofentanyl (N-[1-methyl-2-(2- | ||
thienyl)ethyl-4-piperidinyl]-N-phenylpropanamide); | ||
Beta-hydroxyfentanyl (N-[1-(2-hydroxy-2- | ||
phenethyl)-4-piperidinyl] -N-phenylpropanamide); | ||
Beta-hydroxy-3-methylfentanyl; | ||
Carfentanil; | ||
Fentanyl [ |
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any other derivative of fentanyl; | ||
3-methylfentanyl(N-[3-methyl-1-(2-phenylethyl)- | ||
4-piperidyl]-N-phenylpropanamide); | ||
3-methylthiofentanyl(N-[3-methyl-1-(2-thienyl) | ||
ethyl-4-piperidinyl]-N-phenylpropanamide); | ||
Para-fluorofentanyl(N-(4-fluorophenyl)-N-1-(2- | ||
phenylethyl)-4-piperidinylpropanamide); | ||
Remifentanil; | ||
Sufentanil; and | ||
Thiofentanyl(N-phenyl-N-[1-(2-thienyl)ethyl-4- | ||
piperidinyl]-propanamide). | ||
SECTION 4. Sections 481.112(e) and (f), Health and Safety | ||
Code, are amended to read as follows: | ||
(e) An offense under Subsection (a) is a felony of the first | ||
degree punishable by imprisonment in the Texas Department of | ||
Criminal Justice for life or for a term of not more than 99 years or | ||
less than 10 years, and a fine not to exceed $100,000, if the amount | ||
of the controlled substance to which the offense applies is, by | ||
aggregate weight, including adulterants or dilutants, 200 grams or | ||
more but less than 400 grams. | ||
(f) An offense under Subsection (a) is a felony of the first | ||
degree punishable by imprisonment in the Texas Department of | ||
Criminal Justice for life or for a term of not more than 99 years or | ||
less than 15 years, and a fine not to exceed $250,000, if the amount | ||
of the controlled substance to which the offense applies is, by | ||
aggregate weight, including adulterants or dilutants, 400 grams or | ||
more. | ||
SECTION 5. Section 481.1121(b), Health and Safety Code, is | ||
amended to read as follows: | ||
(b) An offense under this section is: | ||
(1) a state jail felony if the number of abuse units of | ||
the controlled substance is fewer than 20; | ||
(2) a felony of the second degree if the number of | ||
abuse units of the controlled substance is 20 or more but fewer than | ||
80; | ||
(3) a felony of the first degree if the number of abuse | ||
units of the controlled substance is 80 or more but fewer than | ||
4,000; and | ||
(4) a felony of the first degree punishable by | ||
imprisonment in the Texas Department of Criminal Justice for life | ||
or for a term of not more than 99 years or less than 15 years and a | ||
fine not to exceed $250,000, if the number of abuse units of the | ||
controlled substance is 4,000 or more. | ||
SECTION 6. Sections 481.1123(b), (d), (e), and (f), Health | ||
and Safety Code, are amended to read as follows: | ||
(b) An offense under Subsection (a) is a [ |
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of the third degree if the amount of the controlled substance to | ||
which the offense applies is, by aggregate weight, including | ||
adulterants or dilutants, less than one gram. | ||
(d) An offense under Subsection (a) is a felony of the first | ||
degree punishable by imprisonment in the Texas Department of | ||
Criminal Justice for life or for a term of not more than 99 years or | ||
less than 10 years, and a fine not to exceed $20,000, if the amount | ||
of the controlled substance to which the offense applies is, by | ||
aggregate weight, including adulterants or dilutants, four grams or | ||
more but less than 200 grams. | ||
(e) An offense under Subsection (a) is a felony of the first | ||
degree punishable by imprisonment in the Texas Department of | ||
Criminal Justice for life or for a term of not more than 99 years or | ||
less than 15 years, and a fine not to exceed $200,000, if the amount | ||
of the controlled substance to which the offense applies is, by | ||
aggregate weight, including adulterants or dilutants, 200 grams or | ||
more but less than 400 grams. | ||
(f) An offense under Subsection (a) is a felony of the first | ||
degree punishable by imprisonment in the Texas Department of | ||
Criminal Justice for life or for a term of not more than 99 years or | ||
less than 20 years, and a fine not to exceed $500,000, if the amount | ||
of the controlled substance to which the offense applies is, by | ||
aggregate weight, including adulterants or dilutants, 400 grams or | ||
more. | ||
SECTION 7. Section 481.113(e), Health and Safety Code, is | ||
amended to read as follows: | ||
(e) An offense under Subsection (a) is a felony of the first | ||
degree punishable by imprisonment in the Texas Department of | ||
Criminal Justice for life or for a term of not more than 99 years or | ||
less than 10 years, and a fine not to exceed $100,000, if the amount | ||
of the controlled substance to which the offense applies is, by | ||
aggregate weight, including adulterants or dilutants, 400 grams or | ||
more. | ||
SECTION 8. Section 481.114(e), Health and Safety Code, is | ||
amended to read as follows: | ||
(e) An offense under Subsection (a) is a felony of the first | ||
degree punishable by imprisonment in the Texas Department of | ||
Criminal Justice for life or for a term of not more than 99 years or | ||
less than 10 years, and a fine not to exceed $100,000, if the amount | ||
of the controlled substance to which the offense applies is, by | ||
aggregate weight, including any adulterants or dilutants, 400 grams | ||
or more. | ||
SECTION 9. Section 481.115(f), Health and Safety Code, is | ||
amended to read as follows: | ||
(f) An offense under Subsection (a) is a felony of the first | ||
degree punishable by imprisonment in the Texas Department of | ||
Criminal Justice for life or for a term of not more than 99 years or | ||
less than 10 years, and a fine not to exceed $100,000, if the amount | ||
of the controlled substance possessed is, by aggregate weight, | ||
including adulterants or dilutants, 400 grams or more. | ||
SECTION 10. Section 481.1151(b), Health and Safety Code, is | ||
amended to read as follows: | ||
(b) An offense under this section is: | ||
(1) a state jail felony if the number of abuse units of | ||
the controlled substance is fewer than 20; | ||
(2) a felony of the third degree if the number of abuse | ||
units of the controlled substance is 20 or more but fewer than 80; | ||
(3) a felony of the second degree if the number of | ||
abuse units of the controlled substance is 80 or more but fewer than | ||
4,000; | ||
(4) a felony of the first degree if the number of abuse | ||
units of the controlled substance is 4,000 or more but fewer than | ||
8,000; and | ||
(5) a felony of the first degree punishable by | ||
imprisonment in the Texas Department of Criminal Justice for life | ||
or for a term of not more than 99 years or less than 15 years and a | ||
fine not to exceed $250,000, if the number of abuse units of the | ||
controlled substance is 8,000 or more. | ||
SECTION 11. Section 481.116(e), Health and Safety Code, is | ||
amended to read as follows: | ||
(e) An offense under Subsection (a) is a felony of the first | ||
degree punishable by imprisonment in the Texas Department of | ||
Criminal Justice for life or for a term of not more than 99 years or | ||
less than five years, and a fine not to exceed $50,000, if the | ||
amount of the controlled substance possessed is, by aggregate | ||
weight, including adulterants or dilutants, 400 grams or more. | ||
SECTION 12. Section 481.1161(b), Health and Safety Code, is | ||
amended to read as follows: | ||
(b) An offense under this section is: | ||
(1) a Class B misdemeanor if the amount of the | ||
controlled substance possessed is, by aggregate weight, including | ||
adulterants or dilutants, two ounces or less; | ||
(2) a Class A misdemeanor if the amount of the | ||
controlled substance possessed is, by aggregate weight, including | ||
adulterants or dilutants, four ounces or less but more than two | ||
ounces; | ||
(3) a state jail felony if the amount of the controlled | ||
substance possessed is, by aggregate weight, including adulterants | ||
or dilutants, five pounds or less but more than four ounces; | ||
(4) a felony of the third degree if the amount of the | ||
controlled substance possessed is, by aggregate weight, including | ||
adulterants or dilutants, 50 pounds or less but more than 5 pounds; | ||
(5) a felony of the second degree if the amount of the | ||
controlled substance possessed is, by aggregate weight, including | ||
adulterants or dilutants, 2,000 pounds or less but more than 50 | ||
pounds; and | ||
(6) a felony of the first degree punishable by | ||
imprisonment in the Texas Department of Criminal Justice for life | ||
or for a term of not more than 99 years or less than 5 years, and a | ||
fine not to exceed $50,000, if the amount of the controlled | ||
substance possessed is, by aggregate weight, including adulterants | ||
or dilutants, more than 2,000 pounds. | ||
SECTION 13. Section 481.117(e), Health and Safety Code, is | ||
amended to read as follows: | ||
(e) An offense under Subsection (a) is a felony of the first | ||
degree punishable by imprisonment in the Texas Department of | ||
Criminal Justice for life or for a term of not more than 99 years or | ||
less than five years, and a fine not to exceed $50,000, if the | ||
amount of the controlled substance possessed is, by aggregate | ||
weight, including adulterants or dilutants, 400 grams or more. | ||
SECTION 14. Section 481.118(e), Health and Safety Code, is | ||
amended to read as follows: | ||
(e) An offense under Subsection (a) is a felony of the first | ||
degree punishable by imprisonment in the Texas Department of | ||
Criminal Justice for life or for a term of not more than 99 years or | ||
less than five years, and a fine not to exceed $50,000, if the | ||
amount of the controlled substance possessed is, by aggregate | ||
weight, including adulterants or dilutants, 400 grams or more. | ||
SECTION 15. Section 481.120(b), Health and Safety Code, is | ||
amended to read as follows: | ||
(b) An offense under Subsection (a) is: | ||
(1) a Class B misdemeanor if the amount of marihuana | ||
delivered is one-fourth ounce or less and the person committing the | ||
offense does not receive remuneration for the marihuana; | ||
(2) a Class A misdemeanor if the amount of marihuana | ||
delivered is one-fourth ounce or less and the person committing the | ||
offense receives remuneration for the marihuana; | ||
(3) a state jail felony if the amount of marihuana | ||
delivered is five pounds or less but more than one-fourth ounce; | ||
(4) a felony of the second degree if the amount of | ||
marihuana delivered is 50 pounds or less but more than five pounds; | ||
(5) a felony of the first degree if the amount of | ||
marihuana delivered is 2,000 pounds or less but more than 50 pounds; | ||
and | ||
(6) a felony of the first degree punishable by | ||
imprisonment in the Texas Department of Criminal Justice for life | ||
or for a term of not more than 99 years or less than 10 years, and a | ||
fine not to exceed $100,000, if the amount of marihuana delivered is | ||
more than 2,000 pounds. | ||
SECTION 16. Section 481.121(b), Health and Safety Code, is | ||
amended to read as follows: | ||
(b) An offense under Subsection (a) is: | ||
(1) a Class B misdemeanor if the amount of marihuana | ||
possessed is two ounces or less; | ||
(2) a Class A misdemeanor if the amount of marihuana | ||
possessed is four ounces or less but more than two ounces; | ||
(3) a state jail felony if the amount of marihuana | ||
possessed is five pounds or less but more than four ounces; | ||
(4) a felony of the third degree if the amount of | ||
marihuana possessed is 50 pounds or less but more than 5 pounds; | ||
(5) a felony of the second degree if the amount of | ||
marihuana possessed is 2,000 pounds or less but more than 50 pounds; | ||
and | ||
(6) a felony of the first degree punishable by | ||
imprisonment in the Texas Department of Criminal Justice for life | ||
or for a term of not more than 99 years or less than 5 years, and a | ||
fine not to exceed $50,000, if the amount of marihuana possessed is | ||
more than 2,000 pounds. | ||
SECTION 17. Section 481.126(a), Health and Safety Code, is | ||
amended to read as follows: | ||
(a) A person commits an offense if the person: | ||
(1) barters property or expends funds the person knows | ||
are derived from the commission of a first degree felony [ |
||
offense under this chapter punishable by imprisonment in the Texas | ||
Department of Criminal Justice for life; | ||
(2) barters property or expends funds the person knows | ||
are derived from the commission of an offense under Section | ||
481.121(a) that is punishable under Section 481.121(b)(5); | ||
(3) barters property or finances or invests funds the | ||
person knows or believes are intended to further the commission of | ||
an offense for which the punishment is described by Subdivision | ||
(1); or | ||
(4) barters property or finances or invests funds the | ||
person knows or believes are intended to further the commission of | ||
an offense under Section 481.121(a) that is punishable under | ||
Section 481.121(b)(5). | ||
SECTION 18. Section 481.134(c), Health and Safety Code, as | ||
amended by Chapters 584 (S.B. 768) and 807 (H.B. 1540), Acts of the | ||
87th Legislature, Regular Session, 2021, is reenacted and amended | ||
to read as follows: | ||
(c) The minimum term of confinement or imprisonment for an | ||
offense otherwise punishable under Section 481.112(c), (d), (e), or | ||
(f), 481.1121(b)(2), (3), or (4), 481.1123(b), (c) [ |
||
(d), (e), or (f), 481.113(c), (d), or (e), 481.114(c), (d), or (e), | ||
481.115(c)-(f), 481.1151(b)(2), (3), (4), or (5), 481.116(c), (d), | ||
or (e), 481.1161(b)(4), (5), or (6), 481.117(c), (d), or (e), | ||
481.118(c), (d), or (e), 481.120(b)(4), (5), or (6), or | ||
481.121(b)(4), (5), or (6) is increased by five years and the | ||
maximum fine for the offense is doubled if it is shown on the trial | ||
of the offense that the offense was committed: | ||
(1) in, on, or within 1,000 feet of the premises of a | ||
school, the premises of a public or private youth center, or a | ||
playground; | ||
(2) on a school bus; or | ||
(3) by any unauthorized person 18 years of age or | ||
older, in, on, or within 1,000 feet of premises owned, rented, or | ||
leased by a general residential operation operating as a | ||
residential treatment center. | ||
SECTION 19. Section 481.141, Health and Safety Code, is | ||
amended by adding Subsection (d) to read as follows: | ||
(d) Punishment may not be increased under this section if | ||
the defendant is also prosecuted under Section 19.02(b)(4), Penal | ||
Code, for conduct occurring during the same criminal episode. | ||
SECTION 20. Section 19.02, Penal Code, is amended by | ||
amending Subsection (b) and adding Subsection (e) to read as | ||
follows: | ||
(b) A person commits an offense if the person [ |
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(1) intentionally or knowingly causes the death of an | ||
individual; | ||
(2) intends to cause serious bodily injury and commits | ||
an act clearly dangerous to human life that causes the death of an | ||
individual; [ |
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(3) commits or attempts to commit a felony, other than | ||
manslaughter, and in the course of and in furtherance of the | ||
commission or attempt, or in immediate flight from the commission | ||
or attempt, the person [ |
||
clearly dangerous to human life that causes the death of an | ||
individual; or | ||
(4) knowingly manufactures or delivers a controlled | ||
substance included in Penalty Group 1-B under Section 481.1022, | ||
Health and Safety Code, in violation of Section 481.1123, Health | ||
and Safety Code, and an individual dies as a result of injecting, | ||
ingesting, inhaling, or introducing into the individual'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. | ||
(e) It is a defense to prosecution under Subsection (b)(4) | ||
that the actor's conduct in manufacturing or delivering the | ||
controlled substance was authorized under Chapter 481, Health and | ||
Safety Code, or other state or federal law. | ||
SECTION 21. Section 71.02(a), Penal Code, is amended to | ||
read as follows: | ||
(a) A person commits an offense if, with the intent to | ||
establish, maintain, or participate in a combination or in the | ||
profits of a combination or as a member of a criminal street gang, | ||
the person commits or conspires to commit one or more of the | ||
following: | ||
(1) murder, capital murder, arson, aggravated | ||
robbery, robbery, burglary, theft, aggravated kidnapping, | ||
kidnapping, aggravated assault, aggravated sexual assault, sexual | ||
assault, continuous sexual abuse of young child or disabled | ||
individual, solicitation of a minor, forgery, deadly conduct, | ||
assault punishable as a Class A misdemeanor, burglary of a motor | ||
vehicle, or unauthorized use of a motor vehicle; | ||
(2) any gambling offense punishable as a Class A | ||
misdemeanor; | ||
(3) promotion of prostitution, aggravated promotion | ||
of prostitution, or compelling prostitution; | ||
(4) unlawful manufacture, transportation, repair, or | ||
sale of firearms or prohibited weapons; | ||
(5) unlawful manufacture, delivery, dispensation, or | ||
distribution of a controlled substance or dangerous drug, or | ||
unlawful possession of a controlled substance or dangerous drug | ||
through forgery, fraud, misrepresentation, or deception; | ||
(5-a) causing the unlawful delivery, dispensation, or | ||
distribution of a controlled substance or dangerous drug in | ||
violation of Subtitle B, Title 3, Occupations Code; | ||
(5-b) unlawful possession with intent to deliver a | ||
controlled substance listed in Penalty Group 1-B under Section | ||
481.1022, Health and Safety Code; | ||
(6) any unlawful wholesale promotion or possession of | ||
any obscene material or obscene device with the intent to wholesale | ||
promote the same; | ||
(7) any offense under Subchapter B, Chapter 43, | ||
depicting or involving conduct by or directed toward a child | ||
younger than 18 years of age; | ||
(8) any felony offense under Chapter 32; | ||
(9) any offense under Chapter 36; | ||
(10) any offense under Chapter 34, 35, or 35A; | ||
(11) any offense under Section 37.11(a); | ||
(12) any offense under Chapter 20A; | ||
(13) any offense under Section 37.10; | ||
(14) any offense under Section 38.06, 38.07, 38.09, or | ||
38.11; | ||
(15) any offense under Section 42.10; | ||
(16) any offense under Section 46.06(a)(1) or 46.14; | ||
(17) any offense under Section 20.05 or 20.06; | ||
(18) any offense under Section 16.02; or | ||
(19) any offense classified as a felony under the Tax | ||
Code. | ||
SECTION 22. The change in law made by this Act to Section | ||
193.005, Health and Safety Code, applies only to a death that occurs | ||
on or after the effective date of this Act, or a death that occurs | ||
before that date but is discovered on or after the effective date of | ||
this Act. | ||
SECTION 23. The changes in law made by this Act to Chapter | ||
481, Health and Safety Code, and Sections 19.02 and 71.02, Penal | ||
Code, 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 24. To the extent of any conflict, this Act prevails | ||
over another Act of the 88th Legislature, Regular Session, 2023, | ||
relating to nonsubstantive additions to and corrections in enacted | ||
codes. | ||
SECTION 25. This Act takes effect September 1, 2023. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 6 was passed by the House on April 28, | ||
2023, by the following vote: Yeas 124, Nays 21, 1 present, not | ||
voting; and that the House concurred in Senate amendments to H.B. | ||
No. 6 on May 19, 2023, by the following vote: Yeas 125, Nays 10, 2 | ||
present, not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 6 was passed by the Senate, with | ||
amendments, on May 16, 2023, by the following vote: Yeas 30, Nays | ||
1. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: __________________ | ||
Date | ||
__________________ | ||
Governor |