Bill Text: TX SB645 | 2023-2024 | 88th Legislature | Comm Sub
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Bill Title: Relating to the designation of fentanyl poisoning for purposes of the death certificate and to the criminal penalties for certain controlled substance offenses; increasing a criminal penalty.
Spectrum: Moderate Partisan Bill (Democrat 5-1)
Status: (Engrossed - Dead) 2023-04-10 - Referred to Criminal Jurisprudence [SB645 Detail]
Download: Texas-2023-SB645-Comm_Sub.html
Bill Title: Relating to the designation of fentanyl poisoning for purposes of the death certificate and to the criminal penalties for certain controlled substance offenses; increasing a criminal penalty.
Spectrum: Moderate Partisan Bill (Democrat 5-1)
Status: (Engrossed - Dead) 2023-04-10 - Referred to Criminal Jurisprudence [SB645 Detail]
Download: Texas-2023-SB645-Comm_Sub.html
By: Huffman | S.B. No. 645 | |
(In the Senate - Filed January 27, 2023; February 17, 2023, | ||
read first time and referred to Committee on Criminal Justice; | ||
March 9, 2023, reported adversely, with favorable Committee | ||
Substitute by the following vote: Yeas 7, Nays 0; March 9, 2023, | ||
sent to printer.) | ||
COMMITTEE SUBSTITUTE FOR S.B. No. 645 | By: Huffman |
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relating to the designation of fentanyl poisoning 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) If a toxicology examination reveals a detectable | ||
amount of a controlled substance listed in Penalty Group 1-B in the | ||
body of the decedent, the medical certification on the death | ||
certificate must include the presence of the substance and the term | ||
"Fentanyl Poisoning." This subsection does not apply if the | ||
decedent at the time of death had a valid prescription for the | ||
controlled substance. | ||
SECTION 2. 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 3. 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 4. 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 [ |
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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 5. 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 6. 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 7. 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 8. 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 9. 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 10. 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 11. 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 12. 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 13. 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 14. 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 15. 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 [ |
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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 16. 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) [ |
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(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 17. 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 18. 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 19. The changes in law made by this Act to Chapter | ||
481, Health and Safety Code, and Section 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 20. 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 21. This Act takes effect September 1, 2023. | ||
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