Bill Text: TX HB513 | 2023-2024 | 88th Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the manufacture or delivery of a controlled substance or marihuana causing death or serious bodily injury; creating a criminal offense; increasing a criminal penalty.
Spectrum: Moderate Partisan Bill (Republican 7-2)
Status: (Engrossed - Dead) 2023-04-18 - Referred to Criminal Justice [HB513 Detail]
Download: Texas-2023-HB513-Comm_Sub.html
Bill Title: Relating to the manufacture or delivery of a controlled substance or marihuana causing death or serious bodily injury; creating a criminal offense; increasing a criminal penalty.
Spectrum: Moderate Partisan Bill (Republican 7-2)
Status: (Engrossed - Dead) 2023-04-18 - Referred to Criminal Justice [HB513 Detail]
Download: Texas-2023-HB513-Comm_Sub.html
88R1197 CJD-F | ||
By: Metcalf, Cook, A. Johnson of Harris, | H.B. No. 513 | |
Canales, Vasut |
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relating to the manufacture or delivery of a controlled substance | ||
or marihuana causing death or serious bodily injury; creating a | ||
criminal offense; increasing a criminal penalty. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 481.122(c), Health and Safety Code, is | ||
amended to read as follows: | ||
(c) An offense under this section is a felony of the second | ||
degree, except that the offense is a felony of the first degree if | ||
it is shown on the trial of the offense that the person to whom the | ||
actor delivered the controlled substance or marihuana died or | ||
suffered serious bodily injury as a result of injecting, ingesting, | ||
inhaling, or introducing into the person's body any amount of the | ||
controlled substance or marihuana manufactured or delivered by the | ||
actor, regardless of whether the controlled substance or marihuana | ||
was used by itself or with another substance, including a drug, | ||
adulterant, or dilutant. | ||
SECTION 2. Section 481.141, Health and Safety Code, is | ||
amended to read as follows: | ||
Sec. 481.141. 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 | ||
[ |
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dies [ |
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of injecting, ingesting, inhaling, or introducing into the person's | ||
body any amount of the controlled substance manufactured or | ||
delivered by the actor [ |
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controlled substance was used by itself or with another substance, | ||
including a drug, adulterant, or dilutant[ |
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(b) An offense under this section is: | ||
(1) [ |
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the commission of the offense resulted in serious bodily injury to a | ||
person; or | ||
(2) a [ |
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commission of the offense resulted in the death of a person [ |
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(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 [ |
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offense [ |
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sentence for the offense to run concurrently with any other | ||
sentence the court imposes on the defendant. | ||
SECTION 3. 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 4. This Act takes effect September 1, 2023. |