Texas 2023 - 88th Regular

Texas Senate Bill SB645

Filed
1/27/23  
Out of Senate Committee
3/9/23  
Voted on by House
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the designation of fentanyl poisoning for purposes of the death certificate and to the criminal penalties for certain controlled substance offenses; increasing a criminal penalty.

Impact

Beyond its administrative updates, SB645 also imposes stricter criminal penalties for offenses related to fentanyl and other controlled substances. The bill raises the penalty for the manufacture or delivery of less than 1 gram of fentanyl from a state jail felony to a third-degree felony, indicating a significant escalation in the legislative approach to drug-related offenses. This alignment reinforces the state's response to the ongoing fentanyl crisis, where overdoses have surged in recent years.

Summary

SB645 addresses the increasing issue of fentanyl overdoses by designating 'fentanyl poisoning' as a cause of death to be explicitly noted on death certificates when certain conditions are met. The bill specifies that a toxicology exam revealing lethal levels of fentanyl, combined with evidence of an opioid overdose, necessitates this designation. This change aims to provide more accurate data regarding fentanyl-related deaths and facilitate better understanding and response to the crisis.

Sentiment

The general sentiment around SB645 appears to be supportive, particularly among lawmakers focused on public safety and response to the opioid crisis. During discussions, proponents emphasized the bill's importance in aligning penalties with the severity of fentanyl addiction and fatalities. Advocates, including individuals affected by the opioid crisis, noted the bill as a crucial step towards curbing drug-related deaths, suggesting a consensus on the pressing need for legislative action.

Contention

However, some concerns were raised regarding the potential for increased stigmatization of individuals struggling with addiction and the adequacy of the criminal justice approach to addressing the complex factors contributing to drug abuse. Critics warned that merely increasing penalties might not address underlying issues such as health care access, mental health support, and community services necessary for comprehensive addiction treatment.

Companion Bills

TX HB6

Identical Relating to the designation of fentanyl poisoning or fentanyl toxicity for purposes of the death certificate and to the criminal penalties for certain controlled substance offenses; increasing a criminal penalty.

TX HB2330

Same As Relating to the criminal penalties for certain controlled substance offenses; increasing a criminal penalty.

Previously Filed As

TX HB2183

Relating to criminal penalties for possession offenses under the Texas Controlled Substances Act.

TX SB1868

Relating to adding certain substances to the Texas Controlled Substances Act and regulating kratom and kratom products; increasing civil penalties; creating criminal offenses; increasing a criminal penalty.

TX HB291

Relating to adding certain substances to the Texas Controlled Substances Act and regulating kratom and kratom products; increasing civil penalties; creating criminal offenses; increasing a criminal penalty.

TX HB453

Relating to increasing the criminal penalties for delivery of a controlled substance in Penalty Group 1-B to a child.

TX LB817

Enhance penalties for certain controlled substance offenses involving fentanyl

TX SB1833

Relating to the use of a social media platform in furtherance of an offense involving the delivery of a controlled substance; increasing criminal penalties.

TX HB2695

Relating to the use of a social media platform in furtherance of an offense involving the delivery of a controlled substance; increasing criminal penalties.

TX HB1625

Relating to the penalties for the offense of passing certain vehicles, creating a criminal offense, increasing a criminal penalty.

TX HB2681

Relating to the penalty for certain offenders for possession of a small amount of certain controlled substances.

TX HB305

Enact Logan's Law

Similar Bills

No similar bills found.