Bill Text: TX SB233 | 2023-2024 | 88th Legislature | Introduced


Bill Title: Relating to the offense of manslaughter; increasing the criminal penalty for certain offenders.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2023-02-15 - Referred to Criminal Justice [SB233 Detail]

Download: Texas-2023-SB233-Introduced.html
  88R2566 CJD-D
 
  By: Hinojosa S.B. No. 233
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the offense of manslaughter; increasing the criminal
  penalty for certain offenders.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 19.04, Penal Code, is amended by
  amending Subsection (b) and adding Subsection (c) to read as
  follows:
         (b)  An offense under this section is a felony of the second
  degree, except that an offense is a felony of the first degree if:
               (1)  the actor delivered a controlled substance,
  simulated controlled substance, or dangerous drug to the individual
  in violation of Chapter 481, 482, or 483, Health and Safety Code;
               (2)  the controlled substance, simulated controlled
  substance, or dangerous drug as delivered consisted wholly or
  partly of a substance listed in Section 481.102(1), (2), (3), or
  (4) or Section 481.1022, Health and Safety Code;
               (3)  the individual consumed the controlled substance,
  simulated controlled substance, or dangerous drug without altering
  the substance or drug; and
               (4)  the individual's death resulted from the
  consumption of the controlled substance, simulated controlled
  substance, or dangerous drug.
         (c)  The enhancement of the penalty under Subsection (b) for
  a death caused by the consumption of a controlled substance or
  dangerous drug does not apply to an actor who prescribed,
  dispensed, or administered a controlled substance or dangerous drug
  during the ordinary course of medical treatment of a patient for
  legitimate medical purposes.
         SECTION 2.  The change in law made by this Act applies 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 was
  committed before that date.
         SECTION 3.  This Act takes effect September 1, 2023.
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