H.B. No. 3464 aims to increase the criminal penalties for offenses related to providing or possessing alcoholic beverages, controlled substances, or dangerous drugs within correctional facilities. The bill amends Section 38.11 of the Penal Code by introducing new subsections that specify harsher penalties based on the circumstances of the offense. Specifically, if an offense is committed by an employee of a correctional facility, it can be classified as a felony of the second degree. However, if the offense results in the death of a person in custody due to the administration of the controlled substance or dangerous drug, it escalates to a felony of the first degree, which carries a potential life sentence or a term of 15 to 99 years, along with a fine of up to $250,000.
The changes in the law 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 individuals are not retroactively penalized under the new, stricter guidelines. This legislative measure reflects a commitment to enhancing the safety and security within correctional facilities by imposing more severe consequences for those who violate drug and alcohol regulations.
Statutes affected: Introduced: Penal Code 38.11 (Penal Code 38)
House Committee Report: Penal Code 38.11 (Penal Code 38)
Engrossed: Penal Code 38.11 (Penal Code 38)
Senate Committee Report: Penal Code 38.11 (Penal Code 38)
Enrolled: Penal Code 38.11 (Penal Code 38)