The bill, S.B. No. 1152, proposes the creation of a new criminal offense titled "continuous manufacture or delivery of a controlled substance" under Section 481.142 of the Health and Safety Code. A person would be charged with this offense if they engage in conduct that constitutes an offense under specified sections of the code (481.112, 481.1121, 481.113, or 481.114) two or more times within a 12-month period. The bill outlines that if a jury is involved, they do not need to agree on the specific instances of conduct or the exact dates, as long as they unanimously agree that the defendant engaged in the prohibited conduct during the specified timeframe. Additionally, it establishes that a defendant cannot be convicted of another offense that includes the same conduct unless certain conditions are met.

The bill also stipulates that a defendant can only be charged with one count of this new offense for conduct occurring within the same 12-month period, and it classifies the offense as a third-degree felony. The changes introduced by this bill will apply only to offenses committed on or after its effective date of September 1, 2025, meaning that any offenses occurring before this date will be governed by the existing law.

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