Kitzman Bill Lets Juries Convict Without Agreeing Which Acts Happened

The text as introduced · 413 words

89R11223 CJD-F

By: Kitzman
H.B. No. 5467

A BILL TO BE ENTITLED

AN ACT

relating to creating the criminal offense of continuous manufacture

or delivery of a controlled substance.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter D, Chapter 481, Health and Safety

Code, is amended by adding Section 481.142 to read as follows:

Sec. 481.142. CONTINUOUS MANUFACTURE OR DELIVERY OF

CONTROLLED SUBSTANCE. (a) A person commits an offense if, during a

period that is 12 months or less in duration, the person engages two

or more times in conduct that constitutes an offense under Section

481.112, 481.1121, 481.113, or 481.114.

(b) If a jury is the trier of fact, members of the jury are

not required to agree unanimously on which specific conduct engaged

in by the defendant constituted an offense described by Subsection

(a), the exact date on which that conduct occurred, or the county in

which each instance of the conduct occurred. The jury must agree

unanimously that the defendant, during a period that is 12 months or

less in duration, engaged two or more times in conduct that

constitutes an offense under Section 481.112, 481.1121, 481.113, or

481.114.

(c) The defendant may not be convicted in the same criminal

action of another offense an element of which is any conduct that is

alleged as an element of the offense under Subsection (a) unless the

other offense:

(1) is charged in the alternative;

(2) occurred outside the period in which the offense

alleged under Subsection (a) was committed; or

(3) is considered by the trier of fact to be a lesser

included offense of the offense alleged under Subsection (a).

(d) A defendant may not be charged with more than one count

under Subsection (a) for conduct occurring during the same period

described by Subsection (a).

(e) An offense under this section is a felony of the third

degree.

SECTION 2. The change in law made by this Act applies only

to an offense committed on or after the effective date of this Act.

An offense committed before the effective date of this Act is

governed by the law in effect at the time the offense was committed,

and the former law is continued in effect for that purpose. For

purposes of this section, an offense was committed before the

effective date of this Act if any element of the offense occurred

before that date.

SECTION 3. This Act takes effect September 1, 2025.