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.
Sponsorship: 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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| 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; | ||
| [ |
||
| [ |
||
| 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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| (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 [ |
||
| 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 [ |
||
| (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; [ |
||
| (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 | ||
