Highlights 77th Texas Legislature - Senate

________________ C RIMINAL
USTICE/General/General
RIMINAL JUSTICE
77 th Texas Legislature
Authorizes an arresting peace officer to take possession of a person’s driver’s license at the time of arrest
for refusal to take, or failure of, a breath test. Increases the driver’s license suspension period for refusal to
take, or failure of, a breath test. Includes a commercial driver’s license or a commercial driver learner’s
permit.
Raises the fee required for the reinstatement of a suspended driver’s license.
Additional Drugs Regulated by the Texas Controlled Substances Act - H.B. 139
by Representative Wise
Senate Sponsor: Senator Cain
Nitrous oxide and ketamine belong to a group of drugs known as dissociative anaesthetics, which separate
perception from sensation and may lead to dependency and health complications. Although these drugs
have legitimate legal uses, problems continue with teenager drug abuse and the use of these drugs in
some sex offenses.
Adds nitrous oxide to the list of volatile chemicals under the Texas Controlled Substances Act. Makes the
possession or use of nitrous oxide by a person and the sale or delivery of nitrous oxide to a minor illegal
under certain conditions.
Adds ketamine to the list of opiates classified under Penalty Group 1. Provides that it is an offense if a
person administers or provides ketamine to a victim of an aggravated sexual assault with the intent of
facilitating the commission of that offense.
Increased Penalties for Kidnapping - H.B. 141
by Representative Wise
Senate Sponsor: Senator Van de Putte
Makes kidnapping a second degree felony if a kidnapper exposes the person abducted to a risk of serious
bodily injury.
Provides that a person commits aggravated kidnapping if, among other things, the actor holds the person
abducted to coerce a third person to perform some act, holds the person abducted in a condition of
involuntary servitude, or the person abducted is younger than 17 years of age or is incompetent.
Use of a Child in the Commission of an Offense - H.B. 156
by Representative Homer, et al.
Senate Sponsor: Senator Shapiro
Increases the penalty of certain offenses one degree if the defendant used or attempted to use a child
younger than 18 years of age to commit or assist in the commission of an offense, unless the defendant
used or threatened to use force against the child or another to gain the child’s assistance, in which event
the punishment is a felony of the first degree.
Senate Research Center 48