HB 3464
AN ACT relating to the offense of providing a controlled substance to a
89th Regular Session
Jan 14, 2025 - Jun 2, 2025 • Session ended
Awaiting Committee Assignment
Bill filed, pending referral to House committee
Committee
Not yet assigned
Fiscal Note
Not available
What This Bill Does
Increases criminal penalties for correctional facility employees who provide controlled substances to inmates. If an employee provides an unauthorized controlled substance to a person in custody, they can face a second-degree felony, with penalties escalating to a first-degree felony if the substance's administration causes the inmate's death. The law introduces stricter criminal charges ranging from standard felony penalties to potential life imprisonment and a fine up to $250,000, aimed at preventing drug trafficking within correctional facilities.
Subject Areas
Bill Text
relating to the offense of providing a controlled substance to a person in the custody of a correctional facility; increasing a BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 38.11, Penal Code, is amended by amending Subsection (g) and adding Subsections (g-1) and (g-2) to (g) Except as otherwise provided by Subsections (g-1) and (g-2), an [An] offense under this section is a felony of the third (g-1) Except as otherwise provided by Subsection (g-2), an offense under Subsection (a) is a felony of the second degree if the (1) is employed by the correctional facility; and (2) provides a controlled substance to a person in the custody of the correctional facility, except on the prescription of (g-2) An offense under Subsection (a) is a felony of the first degree punishable by imprisonment in the Texas Department of Criminal Justice for life or for a term of not more than 99 years or less than 15 years, and a fine not to exceed $250,000 if: (1) the actor is employed by the correctional (2) the actor provides a controlled substance to a person in the custody of the correctional facility, except on the prescription of a practitioner; and (3) the ingestion, inhalation, injection, or other administration of the controlled substance causes the death of a person in the custody of the facility. SECTION 2. The change in law made by this Act applies only to an offense committed on or after the effective date of this Act. An offense committed before the effective date of this Act is governed by the law in effect on the date the offense was committed, and the former law is continued in effect for that purpose. For purposes of this section, an offense was committed before the effective date of this Act if any element of the offense occurred SECTION 3. This Act takes effect September 1, 2025.
Bill History
Bill filed: AN ACT relating to the offense of providing a controlled substance to a
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