Texas 2023 - 88th Regular

Texas House Bill HB520

Voted on by House
 
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to criminal penalties for possession offenses under the Texas Controlled Substances Act.

Impact

If enacted, HB 520 would significantly impact existing state laws concerning drug possession. By amending how penalties are assigned based on the type and quantity of substance, the bill seeks to ensure more consistent application of justice. In specific terms, the amendments clarify misdemeanor and felony classifications, which may influence prosecution rates and the overall handling of drug-related offenses across Texas. This could lead to shifts in incarceration rates for drug offenses and might also affect local law enforcement practices, potentially allowing for more nuanced approaches in handling non-violent drug possession cases.

Summary

House Bill 520 addresses criminal penalties related to possession offenses under the Texas Controlled Substances Act. It proposes a restructuring of penalties for various amounts and types of controlled substances, potentially altering the classification of certain possession crimes. Several provisions in the bill amend existing sections within the Health and Safety Code, adjusting the definitions and penalties for offenses of possession, including abortions linked to drug abuse units, emphasizing a system where previous convictions may not enhance subsequent penalties. This bill aims to streamline the legal framework surrounding drug offenses, focusing on clarity and effectiveness in enforcement.

Sentiment

The general sentiment surrounding HB 520 appears to be cautiously optimistic among supporters who emphasize the need for a more equitable system regarding drug possession penalties. Advocates argue that the adjustments will lead to a more humane and fair legal process while also easing the burden on over-crowded correctional facilities. However, skepticism persists among opponents, who worry that leniency in penalties may inadvertently encourage substance abuse or trafficking, debating the bill's potential to address the underlying issues behind drug-related crimes effectively.

Contention

Notable points of contention highlighted during discussions of HB 520 involve the balance between ensuring public safety and reforming punitive measures for drug possession. Critics raise concerns that reducing penalties and revising classification could undermine efforts to deter drug use and trafficking. Advocates maintain, however, that a focus on rehabilitation rather than punishment is essential for combating drug addiction and its related community impacts. As the debates unfold, the tension between progressive reform measures and traditional law enforcement approaches remains a central theme.

Texas Constitutional Statutes Affected

Health And Safety Code

  • Chapter 481. Texas Controlled Substances Act
    • Section: 115
    • Section: 1151
    • Section: 116
    • Section: 126
    • Section: 121

Penal Code

  • Chapter 12. Punishments
    • Section: New Section

Companion Bills

No companion bills found.

Previously Filed As

TX HB2183

Relating to criminal penalties for possession offenses under the Texas Controlled Substances Act.

TX HB1735

Relating to criminal penalties for possession offenses under the Texas Controlled Substances Act.

TX HB2330

Relating to the criminal penalties for certain controlled substance offenses; increasing a criminal penalty.

TX HB4914

Relating to removing criminal penalties for possession of certain small amounts of controlled substances.

TX SB645

Relating to the designation of fentanyl poisoning for purposes of the death certificate and to the criminal penalties for certain controlled substance offenses; increasing a criminal penalty.

TX HB6

Relating to the designation of fentanyl poisoning or fentanyl toxicity for purposes of the death certificate and to the criminal penalties for certain controlled substance offenses; increasing a criminal penalty.

TX SB331

Relating to designating certain synthetic cannabinoids as controlled substances under the Texas Controlled Substances Act; providing penalties and establishing certain criminal consequences or procedures.

TX HB597

Relating to designating certain synthetic cannabinoids as controlled substances under the Texas Controlled Substances Act; providing penalties and establishing certain criminal consequences or procedures.

TX HB169

Relating to the criminal penalties for the possession of small amounts of Penalty Group 1 controlled substances and marihuana.

TX HB2398

Relating to the punishment for certain possession offenses under the Texas Controlled Substances Act; changing eligibility for community supervision.

Similar Bills

GA HB167

Motor vehicles and traffic; standards for issuance of limited driving permits for certain offenders; provide

WV SB536

Relating generally to controlled substance criminal offenses

MI SB0460

Crimes: controlled substances; crime of manufacturing, creating, delivering, or possessing with intent certain schedule 1 and 2 controlled substances; modify penalties. Amends sec. 7401 of 1978 PA 368 (MCL 333.7401).

MI HB5128

Crimes: controlled substances; crime of manufacturing, delivering, or possession of with intent to deliver heroin or fentanyl; modify to reflect changes in sentencing guidelines. Amends sec. 7401 of 1978 PA 368 (MCL 333.7401).

MI SB0430

Crimes: controlled substances; crime of manufacturing, delivering, or possession of with intent to deliver heroin or fentanyl; modify to reflect changes in sentencing guidelines. Amends sec. 7401 of 1978 PA 368 (MCL 333.7401).

MI HB5124

Crimes: controlled substances; crime of manufacturing, delivering, or possession of with intent to deliver heroin or fentanyl; modify to reflect changes in sentencing guidelines. Amends sec. 7401 of 1978 PA 368 (MCL 333.7401).

MI SB0726

Crimes: controlled substances; crime of manufacturing, creating, delivering, or possessing with intent certain schedule 1 and 2 controlled substances; modify penalties. Amends sec. 7401 of 1978 PA 368 (MCL 333.7401).

WV SB547

Increasing penalties for drug possession and updating list of offenses