82R4668 JSC-D
By: Dutton H.B. No. 853
A BILL TO BE ENTITLED
AN ACT
relating to the penalty for certain offenders for possession of a
small amount of certain controlled substances.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 481.115, Health and Safety Code, is
amended by amending Subsection (b) and adding Subsection (b-1) to
read as follows:
(b) Except as provided by Subsection (b-1), an [An] offense
under Subsection (a) is a Class A misdemeanor with a minimum term of
confinement of 180 days [state jail felony] if the amount of the
controlled substance possessed is, by aggregate weight, including
adulterants or dilutants, less than one gram.
(b-1) An offense under Subsection (a) is a state jail felony
if:
(1) the amount of the controlled substance possessed
is, by aggregate weight, including adulterants or dilutants, less
than one gram; and
(2) the person has been previously convicted of an
offense under this section or Section 481.1151, 481.116, 481.117,
481.118, or 481.121.
SECTION 2. Section 481.1151, Health and Safety Code, is
amended by amending Subsection (b) and adding Subsection (c) to
read as follows:
(b) An offense under this section is:
(1) a Class A misdemeanor with a minimum term of
confinement of 180 days [state jail felony] if the number of abuse
units of the controlled substance is fewer than 20, except as
provided by Subsection (c);
(2) a felony of the third degree if the number of abuse
units of the controlled substance is 20 or more but fewer than 80;
(3) a felony of the second degree if the number of
abuse units of the controlled substance is 80 or more but fewer than
4,000;
(4) a felony of the first degree if the number of abuse
units of the controlled substance is 4,000 or more but fewer than
8,000; and
(5) punishable by imprisonment in the Texas Department
of Criminal Justice for life or for a term of not more than 99 years
or less than 15 years and a fine not to exceed $250,000, if the
number of abuse units of the controlled substance is 8,000 or more.
(c) An offense under this section is a state jail felony if:
(1) the number of abuse units of the controlled
substance is fewer than 20; and
(2) the person has been previously convicted of an
offense under this section or Section 481.115, 481.116, 481.117,
481.118, or 481.121.
SECTION 3. Section 481.116, Health and Safety Code, is
amended by amending Subsection (b) and adding Subsection (b-1) to
read as follows:
(b) Except as provided by Subsection (b-1), an [An] offense
under Subsection (a) is a Class A misdemeanor with a minimum term of
confinement of 180 days [state jail felony] if the amount of the
controlled substance possessed is, by aggregate weight, including
adulterants or dilutants, less than one gram.
(b-1) An offense under Subsection (a) is a state jail felony
if:
(1) the amount of the controlled substance possessed
is, by aggregate weight, including adulterants or dilutants, less
than one gram; and
(2) the person has been previously convicted of an
offense under this section or Section 481.115, 481.1151, 481.117,
481.118, or 481.121.
SECTION 4. Section 11, Article 42.12, Code of Criminal
Procedure, is amended by adding Subsection (m) to read as follows:
(m) A judge who grants community supervision to a person
convicted of a Class A misdemeanor under Section 481.115(b),
481.1151(b)(1), or 481.116(b), Health and Safety Code, shall
require, as a condition of community supervision, that the person
successfully complete an educational program on substance abuse
awareness approved by the Department of State Health Services.
SECTION 5. Section 15(a)(1), Article 42.12, Code of
Criminal Procedure, is amended to read as follows:
(1) On conviction of a state jail felony under Section
481.115(b-1) [481.115(b)], 481.1151(c) [481.1151(b)(1)],
481.116(b-1) [481.116(b)], 481.121(b)(3), or 481.129(g)(1), Health
and Safety Code, that is punished under Section 12.35(a), Penal
Code, the judge shall suspend the imposition of the sentence and
place the defendant on community supervision, unless the defendant
has previously been convicted of a felony, other than a felony
punished under Section 12.44(a), Penal Code, or unless the
conviction resulted from an adjudication of the guilt of a
defendant previously placed on deferred adjudication community
supervision for the offense, in which event the judge may suspend
the imposition of the sentence and place the defendant on community
supervision or may order the sentence to be executed. The
provisions of this subdivision requiring the judge to suspend the
imposition of the sentence and place the defendant on community
supervision do not apply to a defendant who under Section
481.1151(c) [481.1151(b)(1)], Health and Safety Code, possessed
more than five abuse units of the controlled substance or under
Section 481.121(b)(3), Health and Safety Code, possessed more than
one pound of marihuana.
SECTION 6. The change in law made by this Act applies only
to an offense committed on or after the effective date of this Act.
An offense committed before the effective date of this Act is
covered by the law in effect when the offense was committed, and the
former law is continued in effect for that purpose. For purposes of
this section, an offense was committed before the effective date of
this Act if any element of the offense was committed before that
date.
SECTION 7. This Act takes effect September 1, 2011.