Texas House Bill HB939

Texas 2023 - 88th Regular

• Filed: 12/8/22
• Out of House Committee: 4/25/23

Caption

Relating to the penalty for certain offenders for possession of a small amount of certain controlled substances.

Impact

The introduction of HB 939 could lead to a considerable impact on state laws governing drug-related offenses. The proposed amendments to the Health and Safety Code focus on establishing a clearer framework for assessing penalties tied to the possession amounts of various controlled substances. With increased emphasis on legal defenses for those seeking emergency medical assistance during drug overdoses, the bill adds layers of protection for individuals in distress, which could encourage timely calls for help without fear of legal repercussions for minor drug-related offenses.

Summary

House Bill 939, also known as the revised legislation concerning penalties for possession of certain controlled substances, proposes significant changes to how laws classify and penalize offenders found in possession of a small amount of drugs. The bill shifts certain offenses from being classified as felonies to misdemeanors, particularly for those possessing less than one gram of controlled substances listed in Penalty Group 1. This change is aimed at reducing the legal penalties associated with low-level drug offenses, potentially easing the burden on the state's criminal justice system and preventing individuals from facing severe repercussions for minor infractions.

Sentiment

The sentiment surrounding HB 939 appears to be generally supportive among legislators advocating for reform in drug penalties. Proponents argue that the bill will facilitate a more compassionate approach to drug offenses, prioritizing public health and safety over harsh penalties that could impact individuals' lives disproportionately. Nonetheless, there remains a contingent of critics who caution about the potential for ramifications, worried that these changes might undermine the severity of the law regarding substance abuse and discourage comprehensive approaches to addiction treatment and control.

Contention

Notable points of contention include the balancing act between reducing penalties for low-level drug offenses and maintaining sufficient deterrence against drug abuse. Some legislative members and stakeholders fear that by lightening the penalties, HB 939 might send a message that drug offenses are less serious, possibly affecting the perception of drug legality overall. Additionally, the scope of the defenses available to individuals who call for emergency assistance in overdose situations has sparked debate, with some arguing that it could inadvertently create loopholes that offenders might exploit.

Texas Constitutional Statutes Affected

Health And Safety Code

• Chapter 481. Texas Controlled Substances Act
  • Section: 115
  • Section: 115
  • Section: 1151
  • Section: 116
  • Section: 1161

Code Of Criminal Procedure

• Chapter 42. Judgment And Sentence
  • Section: New Section