83R863 JSC-D
By: Dutton H.B. No. 182
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, 481.1161,
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, 481.1161,
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, 481.1161,
481.117, 481.118, or 481.121.
SECTION 4. Section 481.134(d), Health and Safety Code, is
amended to read as follows:
(d) An offense otherwise punishable under Section
481.112(b), 481.113(b), 481.114(b), 481.115(b-1) [481.115(b)],
481.116(b-1) [481.116(b)], 481.1161(b)(3), 481.120(b)(3), or
481.121(b)(3) is a felony of the third degree if it is shown on the
trial of the offense that the offense was committed:
(1) in, on, or within 1,000 feet of any real property
that is owned, rented, or leased to a school or school board, the
premises of a public or private youth center, or a playground; or
(2) on a school bus.
SECTION 5. Section 11, Article 42.12, Code of Criminal
Procedure, is amended by adding Subsection (n) to read as follows:
(n) A judge who grants community supervision to a person
convicted of a Class A misdemeanor under Section 481.115(b),
481.1151(b)(1), 481.116(b), or 481.1161(b)(2), 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 6. 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)], 481.1161(b)(3), 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:
(A) under Section 481.1151(c) [481.1151(b)(1)],
Health and Safety Code, possessed more than five abuse units of the
controlled substance;
(B) under Section 481.1161(b)(3), Health and
Safety Code, possessed more than one pound, by aggregate weight,
including adulterants or dilutants, of the controlled substance; or
(C) under Section 481.121(b)(3), Health and
Safety Code, possessed more than one pound of marihuana.
SECTION 7. 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 8. This Act takes effect September 1, 2013.