The bill, H.B. No. 453, proposes to increase the criminal penalties for the delivery of a controlled substance in Penalty Group 1-B to a child. It amends Section 481.122(c) of the Health and Safety Code, establishing that such an offense is generally a second-degree felony. However, if the delivery involves a controlled substance to a child, it escalates to a first-degree felony, punishable by life imprisonment or a term of 20 to 99 years, along with a fine of up to $500,000. Furthermore, if the delivery results in the death of the child or another child due to the substance, it is classified as a capital felony.

The bill specifies that the changes will only apply to offenses committed on or after its effective date of September 1, 2025. Offenses committed prior to this date will be governed by the existing law at the time of the offense. This ensures that individuals charged with offenses before the effective date will not be subject to the new, harsher penalties.

Statutes affected:
Introduced: Health and Safety Code 481.122 (Health and Safety Code 481)