The bill, H.B. No. 3464, seeks to amend Section 38.11 of the Penal Code regarding the offense of providing a controlled substance to individuals in the custody of a correctional facility. The proposed changes include the introduction of new subsections that establish increased penalties for such offenses. Specifically, if the actor is employed by the correctional facility and provides a controlled substance to a person in custody, the offense will be classified as a felony of the second degree. Furthermore, if the administration of the controlled substance results in the death of the individual in custody, the offense escalates to a felony of the first degree, carrying a potential life sentence or a term of imprisonment ranging from 15 to 99 years, along with a fine of up to $250,000.

The bill also clarifies that the changes will only apply to offenses committed on or after the effective date of the Act, which is set for September 1, 2025. Offenses occurring before this date will be governed by the previous law, ensuring that any elements of the offense that took place prior to the effective date are treated under the existing legal framework. This legislative update aims to enhance the penalties associated with the illegal provision of controlled substances in correctional settings, thereby addressing public safety concerns.

Statutes affected:
Introduced: Penal Code 38.11 (Penal Code 38)