HBA-NMO H.B. 2227 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2227
By: Homer
Criminal Jurisprudence
4/10/1999
Introduced



BACKGROUND AND PURPOSE 

Section 7.02(a)(1), Penal Code provides that a person is criminally
responsible for an offense committed by the conduct of another if the
person causes or aids an innocent or nonresponsible person to commit the
offense.  Adults seeking to profit from the sale of controlled substances,
sometimes recruit minors to deliver the controlled substances.  H.B. 2227
requires that a defendant convicted of an offense involving the delivery of
a controlled substance be punished by imprisonment in the institutional
division of the Texas Department of Criminal Justice for life, without
parole, if the defendant is convicted under the provisions of Section
7.02(a)(1), Penal Code, and the person for whom the defendant is criminally
responsible was a child younger than 17 years of age at the time of the
commission of the offense.  

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1. Subchapter D, Chapter 481, Health and Safety Code, is amended by
adding Section 481.1221, as follows: 
 
Sec. 481.1221.  DELIVERY OFFENSE FACILITATED BY MINOR. Requires that a
defendant convicted of an offense involving the delivery of a controlled
substance be punished by imprisonment in the institutional division of the
Texas Department of Criminal Justice for life if the defendant is convicted
because under the provisions of Section 7.02(a)(1), Penal Code, the
defendant is criminally responsible for the conduct of another, and the
person for whom the defendant is criminally responsible was a child younger
than 17 years of age at the time of the commission of the offense.  

SECTION 2. Amends Section 508.145(a), Government Code, to provide that an
inmate serving a life sentence under Section 481.1221, Health and Safety
Code, in addition to an inmate under sentence of death, is not eligible for
parole. 
  
SECTION 3.  Makes application of this Act prospective.

SECTION 4.  Effective date: September 1, 1999.
 
SECTION 5.  Emergency clause.