Texas Health and Safety Code 481.1122 – Manufacture of Substance in Penalty Group 1: Presence of Child
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Terms Used In Texas Health and Safety Code 481.1122
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
If it is shown at the punishment phase of a trial for the manufacture of a controlled substance listed in Penalty Group 1 that when the offense was committed a child younger than 18 years of age was present on the premises where the offense was committed:
(1) the punishments specified by Sections 481.112(b) and (c) are increased by one degree;
(2) the minimum term of imprisonment specified by § 481.112(e) is increased to 15 years and the maximum fine specified by that section is increased to $150,000; and
(3) the minimum term of imprisonment specified by § 481.112(f) is increased to 20 years and the maximum fine specified by that section is increased to $300,000.