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 to classify such offenses as a felony of the second degree, with specific conditions that elevate the severity of the crime. If the actor delivers a controlled substance listed in Penalty Group 1-B to a child, the offense becomes a felony of the first degree, 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, the offense is classified as a capital felony.

The bill stipulates that the changes in law will only apply to offenses committed on or after the effective date of the Act, which is set for 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)