Bill Text: TX SB1622 | 2023-2024 | 88th Legislature | Introduced

Texas Senate Bill 1622

Introduced

Bill Title: Relating to the manufacture or delivery of a controlled substance listed in Penalty Group 1-B causing death; creating a criminal offense.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2023-03-16 - Referred to Criminal Justice [SB1622 Detail]

Download: Texas-2023-SB1622-Introduced.html

	88R8174 CJD-D

	By: Kolkhorst	S.B. No. 1622



	A BILL TO BE ENTITLED
	AN ACT
	relating to the manufacture or delivery of a controlled substance
	listed in Penalty Group 1-B causing death; creating a criminal
	offense.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. 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 481.142 for conduct
	occurring during the same criminal episode.
	SECTION 2. 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 IN PENALTY GROUP 1-B CAUSING DEATH. (a) A
	person commits an offense if the person knowingly manufactures or
	delivers a controlled substance listed in Penalty Group 1-B in
	violation of Section 481.1123 and a person dies 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 a felony of the first
	degree.
	(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.
	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.