80(R) HB 946 - Enrolled version (original) (raw)

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AN ACT

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relating to certain conduct involving controlled substances that

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endangers or is otherwise committed in the presence of or in

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proximity to a child.

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�������BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

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�������SECTION�1.��Subchapter D, Chapter 481, Health and Safety

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Code, is amended by adding Section 481.1122 to read as follows:

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�������Sec.�481.1122.��MANUFACTURE OF SUBSTANCE IN PENALTY GROUP 1:

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PRESENCE OF CHILD. If it is shown at the punishment phase of a trial

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for the manufacture of a controlled substance listed in Penalty

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Group 1 that when the offense was committed a child younger than 18

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years of age was present on the premises where the offense was

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committed:

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�������������(1)��the punishments specified by Sections 481.112(b)

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and (c) are increased by one degree;

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�������������(2)��the minimum term of imprisonment specified by

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Section 481.112(e) is increased to 15 years and the maximum fine

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specified by that section is increased to $150,000; and

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�������������(3)��the minimum term of imprisonment specified by

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Section 481.112(f) is increased to 20 years and the maximum fine

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specified by that section is increased to $300,000.

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�������SECTION�2.��Section 22.041(c-1), Penal Code, is amended to

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read as follows:

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�������(c-1)��For purposes of Subsection (c), it is presumed that a

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person engaged in conduct that places a child in imminent danger of

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death, bodily injury, or physical or mental impairment if:

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�������������(1)��the person manufactured, possessed, or in any way

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introduced into the body of any person the controlled substance

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methamphetamine in the presence of the child;

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�������������(2)��the person's conduct related to the proximity or

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accessibility of the controlled substance methamphetamine to the

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child and an analysis of a specimen of the child's blood, urine, or

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other bodily substance indicates the presence of methamphetamine in

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the child's body; or

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�������������(3)��the person injected, ingested, inhaled, or

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otherwise introduced a controlled substance listed in Penalty Group

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1, Section 481.102, Health and Safety Code, into the human body when

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the person was not in lawful possession of the substance as defined

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by Section 481.002(24) of that code.

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�������SECTION�3.��The change in law made by this Act applies only

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to an offense committed on or after the effective date of this Act.

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An offense committed before the effective date of this Act is

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governed by the law in effect when the offense was committed, and

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the former law is continued in effect for that purpose. For

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purposes of this section, an offense was committed before the

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effective date of this Act if any element of the offense was

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committed before that date.

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�������SECTION�4.��This Act takes effect September 1, 2007.

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______________________________

______________________________

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���President of the Senate

Speaker of the House�����

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�������I certify that H.B. No. 946 was passed by the House on April

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26, 2007, by the following vote:��Yeas 139, Nays 0, 2 present, not

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voting; and that the House concurred in Senate amendments to H.B.

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No. 946 on May 25, 2007, by the following vote:��Yeas 139, Nays 0, 2

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present, not voting.

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______________________________

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Chief Clerk of the House���

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�������I certify that H.B. No. 946 was passed by the Senate, with

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amendments, on May 23, 2007, by the following vote:��Yeas 30, Nays

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______________________________

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Secretary of the Senate���

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APPROVED: __________________

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����������������Date�������

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�������� __________________

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��������������Governor�������