Sec. 12.49. PENALTY IF CONTROLLED SUBSTANCE USED TO COMMIT OFFENSE. If the court makes an affirmative finding under Article 42.012, Code of Criminal Procedure, in the punishment phase of the trial of an offense under Chapter 29, Chapter 31, or Title 5, other than a first degree felony or a Class A misdemeanor, the punishment for the offense is increased to the punishment prescribed for the next highest category of offense. If the offense is a Class A misdemeanor, the minimum term of confinement for the offense is increased to 180 days.
Added by Acts 1999, 76th Leg., ch. 417, Sec. 2(a), eff. Sept. 1, 1999. Renumbered from Penal Code Sec. 12.48 and amended by Acts 2001, 77th Leg., ch. 1420, Sec. 21.001(93), 21.002(15), eff. Sept. 1, 2001.
Structure Texas Statutes
Subchapter D. Exceptional Sentences
Section 12.41. Classification of Offenses Outside This Code
Section 12.425. Penalties for Repeat and Habitual Felony Offenders on Trial for State Jail Felony
Section 12.43. Penalties for Repeat and Habitual Misdemeanor Offenders
Section 12.44. Reduction of State Jail Felony Punishment to Misdemeanor Punishment
Section 12.45. Admission of Unadjudicated Offense
Section 12.46. Use of Prior Convictions
Section 12.47. Penalty if Offense Committed Because of Bias or Prejudice
Section 12.48. Certain Offenses Resulting in Loss to Nursing and Convalescent Homes
Section 12.49. Penalty if Controlled Substance Used to Commit Offense
Section 12.50. Penalty if Offense Committed in Disaster Area or Evacuated Area