| � |
| � |
| � |
|
�
|
AN ACT
|
|
�
|
relating to certain conduct involving controlled substances that |
|
�
|
endangers or is otherwise committed in the presence of or in |
|
�
|
proximity to a child. |
|
�
|
�������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 481.1122 to read as follows: |
|
�
|
�������Sec.�481.1122.��MANUFACTURE OF SUBSTANCE IN PENALTY GROUP 1: |
|
�
|
PRESENCE OF CHILD. If it is shown at the punishment phase of a trial |
|
�
|
for the manufacture of a controlled substance listed in Penalty |
|
�
|
Group 1 that when the offense was committed a child younger than 18 |
|
�
|
years of age was present on the premises where the offense was |
|
�
|
committed: |
|
�
|
�������������(1)��the punishments specified by Sections 481.112(b) |
|
�
|
and (c) are increased by one degree; |
|
�
|
�������������(2)��the minimum term of imprisonment specified by |
|
�
|
Section 481.112(e) is increased to 15 years and the maximum fine |
|
�
|
specified by that section is increased to $150,000; and |
|
�
|
�������������(3)��the minimum term of imprisonment specified by |
|
�
|
Section 481.112(f) is increased to 20 years and the maximum fine |
|
�
|
specified by that section is increased to $300,000. |
|
�
|
�������SECTION�2.��Section 22.041(c-1), Penal Code, is amended to |
|
�
|
read as follows: |
|
�
|
�������(c-1)��For purposes of Subsection (c), it is presumed that a |
|
�
|
person engaged in conduct that places a child in imminent danger of |
|
�
|
death, bodily injury, or physical or mental impairment if: |
|
�
|
�������������(1)��the person manufactured, possessed, or in any way |
|
�
|
introduced into the body of any person the controlled substance |
|
�
|
methamphetamine in the presence of the child; |
|
�
|
�������������(2)��the person's conduct related to the proximity or |
|
�
|
accessibility of the controlled substance methamphetamine to the |
|
�
|
child and an analysis of a specimen of the child's blood, urine, or |
|
�
|
other bodily substance indicates the presence of methamphetamine in |
|
�
|
the child's body; or |
|
�
|
�������������(3)��the person injected, ingested, inhaled, or |
|
�
|
otherwise introduced a controlled substance listed in Penalty Group |
|
�
|
1, Section 481.102, Health and Safety Code, into the human body when |
|
�
|
the person was not in lawful possession of the substance as defined |
|
�
|
by Section 481.002(24) of that code. |
|
�
|
�������SECTION�3.��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 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 was |
|
�
|
committed before that date. |
|
�
|
�������SECTION�4.��This Act takes effect September 1, 2007. |
| � |
| � |
| � |
______________________________ |
______________________________ |
| � |
���President of the Senate |
Speaker of the House����� |
| � |
| � |
|
�
|
�������I certify that H.B. No. 946 was passed by the House on April |
|
�
|
26, 2007, by the following vote:��Yeas 139, Nays 0, 2 present, not |
|
�
|
voting; and that the House concurred in Senate amendments to H.B. |
|
�
|
No. 946 on May 25, 2007, by the following vote:��Yeas 139, Nays 0, 2 |
|
�
|
present, not voting. |
|
�
|
|
|
�
|
______________________________ |
|
�
|
Chief Clerk of the House��� |
| � |
|
�
|
�������I certify that H.B. No. 946 was passed by the Senate, with |
|
�
|
amendments, on May 23, 2007, by the following vote:��Yeas 30, Nays |
|
�
|
0. |
|
�
|
|
|
�
|
______________________________ |
|
�
|
Secretary of the Senate��� |
|
�
|
APPROVED: __________________ |
|
�
|
����������������Date������� |
|
�
|
� |
|
�
|
�������� __________________ |
|
�
|
��������������Governor������� |