HBA-KMH S.B. 6 76(R) BILL ANALYSIS Office of House Bill AnalysisS.B. 6 By: Shapiro Criminal Jurisprudence 5/19/1999 Engrossed BACKGROUND AND PURPOSE Currently, a dealer of illegal drugs may use a minor to sell the drugs to the minor's peers, but the law does not provide for prosecution against the dealer. The legislature could create an offense for when a person requests, commands, or attempts to induce a minor to engage in illegal conduct, or make a minor a party to the offense of delivery of the certain drugs. The "criminal solicitation of a minor" offense would be an offense one category below the punishment for delivery of the drug, which makes the offender ineligible for community supervision, certain releases on parole, and release on mandatory supervision. S.B. 6 creates criminal punishment guidelines for a defendant convicted of soliciting a minor to deliver a controlled substance. 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 Section 15.03, Penal Code, by amending Subsections (a) and (d) and by adding Subsections (e) and (f), to provide that a person commits an offense if the person requests, commands, or attempts to induce another to engage in certain conduct that would constitute a felony, and with the intent that an offense under Chapter 481 (Texas Controlled Substances Act), Health and Safety Code, for the delivery of a controlled substance be committed. Sets forth the penalty groups for the punishment of solicitation of the delivery of a controlled substance and for marihuana. Provides that this formula for determining the penalty for solicitation of delivery of a controlled substance or marihuana supercedes the existing penalties set forth in this section. Provides that it is a Class C misdemeanor if the actor solicits delivery of a controlled substance but does not solicit delivery of a specific amount. Requires the actor who commits an offense in soliciting the delivery of a controlled substance under this section and Section 15.031 (Criminal Solicitation of a Minor) to be prosecuted under Section 15.031. Makes conforming and nonsubstantive changes. SECTION 2. Amends Section 15.031(a), Penal Code, to provide that a person commits an offense under this section if, with intent that an offense be committed which is punishable under certain provisions of Section 481.112 (Offense: Manufacture or Delivery of Substance in Penalty), Health and Safety Code, or is a specific offense listed in Section 3g (Limitation on Judge Ordered Community Supervision), Article 42.12, Code of Criminal Procedure, the person requests, commands, or attempts to induce a minor to engage in specific conduct that, under the circumstances surrounding the actor's conduct as the actor believes them to be, would constitute the offense punishable under Section 481.112 or the offense listed by Section 3g or make the minor a party to the commission of the offense punishable under Section 481.112 or the offense listed by Section 3g. Makes conforming and nonsubstantive changes. SECTION 3. Amends Section 3g(a), Article 42.12, Code of Criminal Procedure, to provide that the provisions of Section 3 do not apply to Section 15.031, Penal Code, if the offense solicited by the actor is an offense punishable under Section 481.112(c), (d), (e), or (f), Health and Safety Code. Makes conforming changes. SECTION 4. Amends Section 508.145(d), Government Code, to subject offenses described by Section 3(g)(a)(1)(I), Article 42.12, Code of Criminal Procedure, to the provisions of this section relating to prohibitions against release on parole. SECTION 5. Amends Section 508.149(a), Government Code, to prohibit an inmate from release on mandatory supervision if the inmate committed a felony under Section 15.031, Penal Code, if the offense solicited by the actor is an offense punishable under Section 481.112(c), (d), (e), or (f), Health and Safety Code. SECTION 6. (a) Provides that Section 508.149(a), Government Code, gives effect to changes made to that section by Chapter 238, Acts of the 75th Legislature, Regular Session, 1997 (b) Provides that this Act controls over any other Act of the 76th Legislature, to the extent of any conflict. SECTION 7.Makes application of this Act prospective. SECTION 8.Effective date: September 1, 1999. SECTION 9. Emergency clause.