Bill Text: TX SB158 | 2011-2012 | 82nd Legislature | Enrolled
Bill Title: Relating to offenses involving the fraudulent or unlawful obtaining, delivering, dispensing, distributing, or diverting of a controlled substance; providing penalties.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Passed) 2011-06-17 - Effective on 9/1/11 [SB158 Detail]
Download: Texas-2011-SB158-Enrolled.html
S.B. No. 158 |
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relating to offenses involving the fraudulent or unlawful | ||
obtaining, delivering, dispensing, distributing, or diverting of a | ||
controlled substance; providing penalties. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter D, Chapter 481, Health and Safety | ||
Code, is amended by adding Section 481.1285 to read as follows: | ||
Sec. 481.1285. OFFENSE: DIVERSION OF CONTROLLED SUBSTANCE | ||
BY REGISTRANTS, DISPENSERS, AND CERTAIN OTHER PERSONS. (a) This | ||
section applies only to a registrant, a dispenser, or a person who, | ||
pursuant to Section 481.062(a)(1) or (2), is not required to | ||
register under this subchapter. | ||
(b) A person commits an offense if the person knowingly: | ||
(1) converts to the person's own use or benefit a | ||
controlled substance to which the person has access by virtue of the | ||
person's profession or employment; or | ||
(2) diverts to the unlawful use or benefit of another | ||
person a controlled substance to which the person has access by | ||
virtue of the person's profession or employment. | ||
(c) An offense under Subsection (b)(1) is a state jail | ||
felony. An offense under Subsection (b)(2) is a felony of the third | ||
degree. | ||
(d) If conduct that constitutes an offense under this | ||
section also constitutes an offense under any other law, the actor | ||
may be prosecuted under this section, the other law, or both. | ||
SECTION 2. Section 481.129, Health and Safety Code, is | ||
amended by adding Subsections (a-1) and (d-1) to read as follows: | ||
(a-1) A person commits an offense if the person, with intent | ||
to obtain a controlled substance or combination of controlled | ||
substances that is not medically necessary for the person or an | ||
amount of a controlled substance or substances that is not | ||
medically necessary for the person, obtains or attempts to obtain | ||
from a practitioner a controlled substance or a prescription for a | ||
controlled substance by misrepresentation, fraud, forgery, | ||
deception, subterfuge, or concealment of a material fact. For | ||
purposes of this subsection, a material fact includes whether the | ||
person has an existing prescription for a controlled substance | ||
issued for the same period of time by another practitioner. | ||
(d-1) An offense under Subsection (a-1) is: | ||
(1) a felony of the second degree if any controlled | ||
substance that is the subject of the offense is listed in Schedule I | ||
or II; | ||
(2) a felony of the third degree if any controlled | ||
substance that is the subject of the offense is listed in Schedule | ||
III or IV; and | ||
(3) a Class A misdemeanor if any controlled substance | ||
that is the subject of the offense is listed in Schedule V. | ||
SECTION 3. Subsection (a), Section 71.02, Penal Code, as | ||
amended by Chapters 153 (S.B. 2225), 1130 (H.B. 2086), and 1357 | ||
(S.B. 554), Acts of the 81st Legislature, Regular Session, 2009, is | ||
reenacted and 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, 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; | ||
(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 or 35; | ||
(11) any offense under Section 37.11(a); | ||
(12) any offense under Chapter 20A; | ||
(13) any offense under Section 37.10; [ |
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(14) any offense under Section 38.06, 38.07, 38.09, or | ||
38.11; | ||
(15) [ |
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(16) [ |
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46.14. | ||
SECTION 4. Subsections (b) and (c), Section 71.02, Penal | ||
Code, as amended by Chapters 761 (H.B. 354) and 900 (S.B. 1067), | ||
Acts of the 73rd Legislature, Regular Session, 1993, are reenacted | ||
to read as follows: | ||
(b) Except as provided in Subsections (c) and (d), an | ||
offense under this section is one category higher than the most | ||
serious offense listed in Subsection (a) that was committed, and if | ||
the most serious offense is a Class A misdemeanor, the offense is a | ||
state jail felony, except that if the most serious offense is a | ||
felony of the first degree, the offense is a felony of the first | ||
degree. | ||
(c) Conspiring to commit an offense under this section is of | ||
the same degree as the most serious offense listed in Subsection (a) | ||
that the person conspired to commit. | ||
SECTION 5. Subsection (a), Section 71.05, Penal Code, as | ||
amended by Chapters 761 (H.B. 354) and 900 (S.B. 1067), Acts of the | ||
73rd Legislature, Regular Session, 1993, is reenacted and amended | ||
to read as follows: | ||
(a) It is an affirmative defense to prosecution under | ||
Section 71.02 that under circumstances manifesting a voluntary and | ||
complete renunciation of the actor's [ |
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actor withdrew from the combination before commission of an offense | ||
listed in [ |
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further affirmative action that prevented the commission of the | ||
offense. | ||
SECTION 6. Subsection (c), Section 71.05, Penal Code, is | ||
amended to read as follows: | ||
(c) Evidence that the defendant withdrew from the | ||
combination before commission of an offense listed in [ |
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71.02(a) [ |
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prevent the commission of an offense listed in [ |
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71.02(a) [ |
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the hearing on punishment if the actor [ |
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under Section 71.02 [ |
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renunciation under this subsection, the punishment shall be one | ||
grade lower than that provided under Section 71.02 [ |
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SECTION 7. 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 | ||
covered by the law in effect when 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 8. To the extent of any conflict, this Act prevails | ||
over another Act of the 82nd Legislature, Regular Session, 2011, | ||
relating to nonsubstantive additions to and corrections in enacted | ||
codes. | ||
SECTION 9. This Act takes effect September 1, 2011. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I hereby certify that S.B. No. 158 passed the Senate on | ||
March 30, 2011, by the following vote: Yeas 31, Nays 0; | ||
May 26, 2011, Senate refused to concur in House amendments and | ||
requested appointment of Conference Committee; May 27, 2011, House | ||
granted request of the Senate; May 28, 2011, Senate adopted | ||
Conference Committee Report by the following vote: Yeas 31, | ||
Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
I hereby certify that S.B. No. 158 passed the House, with | ||
amendments, on May 25, 2011, by the following vote: Yeas 145, | ||
Nays 2, two present not voting; May 27, 2011, House granted request | ||
of the Senate for appointment of Conference Committee; | ||
May 29, 2011, House adopted Conference Committee Report by the | ||
following vote: Yeas 146, Nays 2, one present not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
Approved: | ||
______________________________ | ||
Date | ||
______________________________ | ||
Governor |