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 |
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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. |