HBA-EDN H.B. 2010 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2010
By: Uresti
Criminal Jurisprudence
4/1/2001
Introduced



BACKGROUND AND PURPOSE 

Delivering a controlled substance or marihuana to a minor entails serious
ramifications.  Not only does such conduct constitute a breach of public
trust, but it can lead to a cycle of addiction which continues into
adulthood.  Many adults who are now addicted to these substances began
consumption when they were still minors.  Under current law, delivery of a
controlled substance or marihuana to a minor is a second degree felony, but
the defendant may be granted deferred adjudication and placed on community
supervision.  Because of the danger in which  a minor may be placed, many
think that a defendant who commits such an offense should not be entitled
to deferred adjudication.  House Bill 2010 prohibits a judge from granting
deferred adjudication to a defendant who delivers a controlled substance or
marihuana to a minor.  

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. 

ANALYSIS

House Bill 2010 amends the Code of Criminal Procedure to exclude delivery
of a controlled substance or marihuana to a minor from the offenses for
which a judge is authorized to grant deferred adjudication and place a
defendant on community supervision.      

EFFECTIVE DATE

September 1, 2001.