HBA-KMH C.S.S.B. 6 76(R)BILL ANALYSIS Office of House Bill AnalysisC.S.S.B. 6 By: Shapiro Criminal Jurisprudence 5/19/1999 Committee Report (Substituted) BACKGROUND AND PURPOSE Currently, if dealer of illegal drugs uses a minor to sell drugs to the minor's peers, the law does not provide for prosecution against the dealer. C.S.S.B. 6 creates criminal punishment guidelines for a defendant convicted of soliciting a minor to engage in the solicitation or delivery 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 Subchapter D, Chapter 481, Health and Safety Code, by adding Section 481.140, as follows: Sec. 481.140. USE OF CHILD IN COMMISSION OF OFFENSE. (a) Increases the punishment of an offense by one degree if it is shown at the punishment phase of the trial of an offense otherwise punishable as a state jail felony, felony of the third degree, or felony of the second degree under Section 481.112 (Offense: Manufacture or Delivery of Substance in Penalty Group 1), 481.1121 (Offense: Manufacture or Delivery of Substance in Penalty Group 1-A), 481.113 (Offense: Manufacture or Delivery of Substance in Penalty Group 2), 481.114 (Offense: Manufacture or Delivery of Substance in Penalty Group 3 or 4), 481.120 (Offense: Delivery of Marihuana), or 481.122 (Offense: Delivery of Controlled Substance or Marihuana to Minor), that the defendant used or attempted to use a child younger than 18 years of age to commit or assist in the commission of the offense. Increases the punishment to a felony of the first degree if force was used against the child or another to gain the child's assistance. (b) Prohibits a court from ordering the sentence for the offense to run concurrently with any other sentence the court imposes on the defendant, notwithstanding Article 42.08 (Cumulative or concurrent sentence), Code of Criminal Procedure. SECTION 2. Amends Section 3g(a), Article 42.12, Code of Criminal Procedure, by adding Paragraph (I) to provide that the provisions of Section 3 (Judge Ordered Community Supervision) do not apply to Chapter 481 (Texas Controlled Substances Act), Health and Safety Code, for which punishment is increased under Section 481.140. Makes conforming changes. SECTION 3. 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 4. Amends Section 508.149(a), Government Code, to prohibit an inmate from release on mandatory supervision if the inmate committed a felony for which the punishment is increased under Section 481.140, Health and Safety Code. SECTION 5. (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 6. Makes application of this Act prospective. SECTION 7.Effective date: September 1, 1999. SECTION 8.Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.S.B. 6 modifies the original in the caption to provide that this bill relates to punishment for certain offenses under the Texas Controlled Substances Act committed by a person using a child to facilitate the commission of the offense, rather than to criminal solicitation of certain offenses involving a controlled substance and to the sentencing of defendants convicted of those offenses; providing a penatly. C.S.S.B. 6 modifies the original by deleting SECTIONS 1 (amending Section 15.03, Penal Code) and 2 (amending Section 15.031) relating to the enhancement of the punishment for certain offenses if the intended offense involves delivery of a controlled substance, including marihuana and the inducement of a minor to engage in the solicitation or delivery of a controlled substance. C.S.S.B. 6 modifies the original by adding new SECTION 1 (proposed Section 481.140, Health and Safety Code). For a more complete analysis of this section please see the Section by Section Analysis in this bill. C.S.S.B. 6 modifies the original by redesignating SECTIONS 3-9 as SECTIONS 2-8. C.S.S.B. 6 modifies the original in redesignated SECTION 2 (Section 3g(a), Article 42.12, Code of Criminal Procedure) by adding Paragraph (I) to provide that the provisions of Section 3 do not apply to Chapter 481 (Texas Controlled Substances Act), Health and Safety Code, for which punishment is increased under Section 481.140, rather than 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. The substitute also makes conforming changes. C.S.S.B. 6 modifies the original in redesignated SECTION 4 (Section 508.149(a), Government Code) to prohibit an inmate from release on mandatory supervision if the inmate committed a felony for which the punishment is increased under Section 481.140, Health and Safety Code, rather than 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. The substitute also makes conforming changes.