HBA-KMH H.B. 287 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 287
By: Wise
Criminal Jurisprudence
2/17/1999
Introduced



BACKGROUND AND PURPOSE 

Rohypnol, commonly referred to as the "date rape" drug, is being used by
individuals throughout the country to commit or further the crime of rape.
It has also proven to be fatal in some cases.  H.B. 287 adds the use of any
controlled substance, including Rohypnol, in the furtherance of a crime to
the list of aggravators which raise the penalty imposed on conviction.
H.B. 287 also requires that the court make an affirmative finding
specifying that the drug had been used to further the offense in order to
invoke the new penalty. 

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.  Amends Subchapter D, Chapter 12, Penal Code, by adding Section
12.48, as follows: 

Sec.  12.48.  PENALTY IF CONTROLLED SUBSTANCE USED TO COMMIT OFFENSE.
Increases the penalty for an offense to the punishment prescribed for the
next highest category of offense, during the punishment phase of the trial
of an offense under Chapter 29 (Robbery), Chapter 31 (Theft), or Title 5
(Offenses Against the Person), other than a first degree felony or a Class
A misdemeanor, if the court makes an affirmative finding under Article
42.015, Code of Criminal Procedure (see below).  Increases the minimum term
of confinement under this section for an applicable Class A misdemeanor to
180 days. 

SECTION 2.  Amends Chapter 42, Code of Criminal Procedure, by adding
Article 42.015, as follows: 

Sec. 42.015.  FINDING THAT CONTROLLED SUBSTANCE USED TO COMMIT OFFENSE.
Requires the court to make an affirmative finding of fact during the
punishment phase of the trial of an offense of robbery, theft or an offense
against the person, if the court determines beyond a reasonable doubt that
the defendant administered or provided a controlled substance to the victim
of an offense with the intent of facilitating the commission of the
offense.  Requires the court to enter the affirmative finding of fact into
the judgment of the case. 

SECTION 3.  Makes application of this Act prospective.

SECTION 4.  Effective date: September 1, 1999.

SECTION 5.  Emergency clause.