Texas Penal Code
Sec. § 12.49
Penalty If Controlled Substance Used to Commit Offense


If the court makes an affirmative finding under Article 42.012 (Finding That Controlled Substance Used to Commit Offense), Code of Criminal Procedure, in the punishment phase of the trial of an offense under Chapter 29 (Robbery), Chapter 31 (Theft), 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.
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Last accessed
May. 14, 2021