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A BILL TO BE ENTITLED
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AN ACT
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relating to the prosecution and punishment of the use of |
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benzodiazepines or gamma butyrolactone to facilitate the |
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commission of the offense of aggravated sexual assault and the |
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addition of gamma butyrolactone to Penalty Group 1 of the Texas |
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Controlled Substances Act for purposes of criminal prosecution; |
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amending provisions subject to a criminal penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 22.021(a), Penal Code, is amended to |
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read as follows: |
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(a) A person commits an offense: |
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(1) if the person: |
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(A) intentionally or knowingly: |
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(i) causes the penetration of the anus or |
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sexual organ of another person by any means, without that person's |
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consent; |
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(ii) causes the penetration of the mouth of |
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another person by the sexual organ of the actor, without that |
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person's consent; or |
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(iii) causes the sexual organ of another |
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person, without that person's consent, to contact or penetrate the |
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mouth, anus, or sexual organ of another person, including the |
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actor; or |
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(B) intentionally or knowingly: |
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(i) causes the penetration of the anus or |
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sexual organ of a child by any means; |
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(ii) causes the penetration of the mouth of |
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a child by the sexual organ of the actor; |
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(iii) causes the sexual organ of a child to |
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contact or penetrate the mouth, anus, or sexual organ of another |
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person, including the actor; |
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(iv) causes the anus of a child to contact |
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the mouth, anus, or sexual organ of another person, including the |
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actor; or |
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(v) causes the mouth of a child to contact |
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the anus or sexual organ of another person, including the actor; and |
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(2) if: |
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(A) the person: |
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(i) causes serious bodily injury or |
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attempts to cause the death of the victim or another person in the |
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course of the same criminal episode; |
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(ii) by acts or words places the victim in |
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fear that any person will become the victim of an offense under |
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Section 20A.02(a)(3), (4), (7), or (8) or that death, serious |
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bodily injury, or kidnapping will be imminently inflicted on any |
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person; |
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(iii) by acts or words occurring in the |
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presence of the victim threatens to cause any person to become the |
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victim of an offense under Section 20A.02(a)(3), (4), (7), or (8) or |
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to cause the death, serious bodily injury, or kidnapping of any |
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person; |
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(iv) uses or exhibits a deadly weapon in the |
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course of the same criminal episode; |
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(v) acts in concert with another who |
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engages in conduct described by Subdivision (1) directed toward the |
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same victim and occurring during the course of the same criminal |
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episode; or |
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(vi) administers or provides a |
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benzodiazepine, flunitrazepam, otherwise known as rohypnol, gamma |
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butyrolactone, gamma hydroxybutyrate, or ketamine to the victim of |
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the offense with the intent of facilitating the commission of the |
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offense; |
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(B) the victim is younger than 14 years of age; or |
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(C) the victim is an elderly individual or a |
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disabled individual. |
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SECTION 2. Section 22.021(b), Penal Code, is amended by |
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adding Subdivision (4) to read as follows: |
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(4) "Benzodiazepine" means any drug included in the |
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class of drugs of the same name, that: |
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(A) produce a depressant effect on the central |
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nervous system; and |
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(B) are characterized by a benzene ring fused to |
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a seven-member diazepine ring. |
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SECTION 3. Section 481.102, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 481.102. PENALTY GROUP 1. Penalty Group 1 consists of: |
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(1) the following opiates, including their isomers, |
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esters, ethers, salts, and salts of isomers, esters, and ethers, |
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unless specifically excepted, if the existence of these isomers, |
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esters, ethers, and salts is possible within the specific chemical |
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designation: |
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Alfentanil; |
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Allylprodine; |
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Alphacetylmethadol; |
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Benzethidine; |
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Betaprodine; |
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Clonitazene; |
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Diampromide; |
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Diethylthiambutene; |
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Difenoxin not listed in Penalty Group 3 or 4; |
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Dimenoxadol; |
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Dimethylthiambutene; |
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Dioxaphetyl butyrate; |
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Dipipanone; |
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Ethylmethylthiambutene; |
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Etonitazene; |
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Etoxeridine; |
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Furethidine; |
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Hydroxypethidine; |
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Ketobemidone; |
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Levophenacylmorphan; |
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Meprodine; |
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Methadol; |
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Moramide; |
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Morpheridine; |
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Noracymethadol; |
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Norlevorphanol; |
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Normethadone; |
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Norpipanone; |
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Phenadoxone; |
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Phenampromide; |
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Phenomorphan; |
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Phenoperidine; |
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Piritramide; |
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Proheptazine; |
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Properidine; |
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Propiram; |
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Sufentanil; |
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Tilidine; and |
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Trimeperidine; |
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(2) the following opium derivatives, their salts, |
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isomers, and salts of isomers, unless specifically excepted, if the |
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existence of these salts, isomers, and salts of isomers is possible |
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within the specific chemical designation: |
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Acetorphine; |
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Acetyldihydrocodeine; |
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Benzylmorphine; |
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Codeine methylbromide; |
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Codeine-N-Oxide; |
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Cyprenorphine; |
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Desomorphine; |
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Dihydromorphine; |
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Drotebanol; |
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Etorphine, except hydrochloride salt; |
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Heroin; |
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Hydromorphinol; |
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Methyldesorphine; |
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Methyldihydromorphine; |
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Monoacetylmorphine; |
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Morphine methylbromide; |
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Morphine methylsulfonate; |
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Morphine-N-Oxide; |
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Myrophine; |
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Nicocodeine; |
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Nicomorphine; |
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Normorphine; |
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Pholcodine; and |
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Thebacon; |
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(3) the following substances, however produced, |
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except those narcotic drugs listed in another group: |
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(A) Opium and opiate not listed in Penalty Group |
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3 or 4, and a salt, compound, derivative, or preparation of opium or |
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opiate, other than thebaine derived butorphanol, nalmefene and its |
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salts, naloxone and its salts, and naltrexone and its salts, but |
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including: |
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Codeine not listed in Penalty Group 3 or 4; |
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Dihydroetorphine; |
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Ethylmorphine not listed in Penalty Group 3 |
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or 4; |
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Granulated opium; |
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Hydrocodone not listed in Penalty Group 3; |
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Hydromorphone; |
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Metopon; |
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Morphine not listed in Penalty Group 3; |
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Opium extracts; |
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Opium fluid extracts; |
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Oripavine; |
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Oxycodone; |
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Oxymorphone; |
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Powdered opium; |
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Raw opium; |
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Thebaine; and |
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Tincture of opium; |
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(B) a salt, compound, isomer, derivative, or |
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preparation of a substance that is chemically equivalent or |
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identical to a substance described by Paragraph (A), other than the |
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isoquinoline alkaloids of opium; |
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(C) Opium poppy and poppy straw; |
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(D) Cocaine, including: |
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(i) its salts, its optical, position, and |
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geometric isomers, and the salts of those isomers; |
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(ii) coca leaves and a salt, compound, |
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derivative, or preparation of coca leaves; |
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(iii) a salt, compound, derivative, or |
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preparation of a salt, compound, or derivative that is chemically |
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equivalent or identical to a substance described by Subparagraph |
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(i) or (ii), other than decocainized coca leaves or extractions of |
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coca leaves that do not contain cocaine or ecgonine; and |
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(E) concentrate of poppy straw, meaning the crude |
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extract of poppy straw in liquid, solid, or powder form that |
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contains the phenanthrine alkaloids of the opium poppy; |
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(4) the following opiates, including their isomers, |
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esters, ethers, salts, and salts of isomers, if the existence of |
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these isomers, esters, ethers, and salts is possible within the |
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specific chemical designation: |
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Acetyl-alpha-methylfentanyl (N-[1-(1-methyl-2- |
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phenethyl)-4-piperidinyl]-N-phenylacetamide); |
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Alpha-methylthiofentanyl (N-[1-methyl-2-(2- |
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thienyl)ethyl-4-piperidinyl]-N-phenylpropanamide); |
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Alphaprodine; |
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Anileridine; |
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Beta-hydroxyfentanyl (N-[1-(2-hydroxy-2- |
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phenethyl)-4-piperidinyl] -N-phenylpropanamide); |
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Beta-hydroxy-3-methylfentanyl; |
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Bezitramide; |
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Carfentanil; |
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Dihydrocodeine not listed in Penalty Group 3 or 4; |
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Diphenoxylate not listed in Penalty Group 3 or 4; |
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Fentanyl or alpha-methylfentanyl, or any other |
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derivative of Fentanyl; |
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Isomethadone; |
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Levomethorphan; |
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Levorphanol; |
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Metazocine; |
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Methadone; |
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Methadone-Intermediate, 4-cyano-2-dimethylamino- |
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4, 4-diphenyl butane; |
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3-methylfentanyl(N-[3-methyl-1-(2-phenylethyl)- |
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4-piperidyl]-N-phenylpropanamide); |
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3-methylthiofentanyl(N-[3-methyl-1-(2-thienyl) |
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ethyl-4-piperidinyl]-N-phenylpropanamide); |
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Moramide-Intermediate, 2-methyl-3-morpholino-1, |
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1-diphenyl-propane-carboxylic acid; |
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Para-fluorofentanyl(N-(4-fluorophenyl)-N-1-(2- |
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phenylethyl)-4-piperidinylpropanamide); |
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PEPAP (1-(2-phenethyl)-4-phenyl-4- |
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acetoxypiperidine); |
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Pethidine (Meperidine); |
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Pethidine-Intermediate-A, 4-cyano-1-methyl-4- |
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phenylpiperidine; |
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Pethidine-Intermediate-B, ethyl-4- |
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phenylpiperidine-4 carboxylate; |
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Pethidine-Intermediate-C, 1-methyl-4- |
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phenylpiperidine-4-carboxylic acid; |
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Phenazocine; |
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Piminodine; |
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Racemethorphan; |
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Racemorphan; |
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Remifentanil; and |
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Thiofentanyl(N-phenyl-N-[1-(2-thienyl)ethyl-4- |
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piperidinyl]-propanamide); |
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(5) Flunitrazepam (trade or other name: Rohypnol); |
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(6) Methamphetamine, including its salts, optical |
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isomers, and salts of optical isomers; |
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(7) Phenylacetone and methylamine, if possessed |
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together with intent to manufacture methamphetamine; |
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(8) Phencyclidine, including its salts; |
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(9) Gamma butyrolactone (trade or other name: GBL); |
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(10) Gamma hydroxybutyric acid (some trade or other |
|
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names: gamma hydroxybutyrate, GHB), including its salts; and |
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(11) [(10)] Ketamine. |
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SECTION 4. The change in law made by this Act applies only |
|
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to an offense committed on or after the effective date of this Act. |
|
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An offense committed before the effective date of this Act is |
|
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governed by the law in effect on the date the offense was committed, |
|
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and the former law is continued in effect for that purpose. For |
|
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purposes of this section, an offense was committed before the |
|
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 5. This Act takes effect September 1, 2017. |