HBA-EDN H.B. 608 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 608 By: Green Criminal Jurisprudence 4/12/2001 Introduced BACKGROUND AND PURPOSE In Texas, it is not considered a crime to attempt to solicit or purchase a controlled substance. However, a person commits a crime if the person solicits prostitution or another person's participation in other crimes or if a minor attempts to purchase alcohol. Under current law, only delivery of or possession of a controlled substance is illegal. Making the solicitation of a controlled substance illegal may enable law enforcement officials to stop potential drug users before they commit more serious offenses. House Bill 608 makes the solicitation of a controlled substance by a person 21 years of age or younger illegal. 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 608 amends the Penal and Family codes and the Code of Criminal Procedure relating to criminal solicitation of certain offenses involving a controlled substance. H.B. 608 amends the Penal Code to provide that a person commits an offense of criminal solicitation if the person is 21 years of age or younger and, with intent that an offense under the Texas Controlled Substances Act for the delivery of a controlled substance be committed, the person requests, commands, or attempts to induce another to engage in specific conduct that, under the circumstances surrounding the other person's conduct as the actor believes them to be, would constitute the offense or make the other a party to its commission. The bill provides punishment guidelines for the offense of criminal solicitation of a controlled substance when the person is 21 years of age or younger. H.B. 608 also amends the Family Code and the Code of Criminal Procedure to provide that if a court or jury makes a disposition in which a child is placed on probation for conduct constituting an offense of criminal solicitation of a controlled substance, or a judge grants community supervision to a defendant convicted of an offense of criminal solicitation of a controlled substance, the court or judge is required to: _require the child or defendant to perform community service as a condition of probation or community supervision; and _order the Department of Public Safety to suspend the child or the defendant's driver's license or permit, or if the child or defendant does not have a license or permit, deny the issuance of a license or permit for a specified number of days. The bill sets forth guidelines based on the number of prior convictions for the community service to be performed and the number of days the issuance of a license or permit is required to be suspended or denied. The bill provides that an adjudication under the Juvenile Justice Code or order of deferred disposition for an offense of criminal solicitation of a controlled substance is considered to be a conviction of the offense. EFFECTIVE DATE September 1, 2001.