Texas 2013 - 83rd Regular

Texas House Bill HB2418 Compare Versions

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1	1	83R7306 JSC-D
2	2	By: Fletcher H.B. No. 2418
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the penalties for the production or delivery of
8	8	marihuana plants.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 15(d), Article 42.12, Code of Criminal
11	11	Procedure, is amended to read as follows:
12	12	(d) A judge may impose as a condition of community
13	13	supervision that a defendant submit at the beginning of the period
14	14	of community supervision to a term of confinement in a state jail
15	15	felony facility for a term of not less than 90 days or more than 180
16	16	days, or a term of not less than 90 days or more than one year if the
17	17	defendant is convicted of an offense punishable as a state jail
18	18	felony under Section 481.112, 481.1121, 481.113, [or] 481.120, or
19	19	481.1211, Health and Safety Code. A judge may not require a
20	20	defendant to submit to both the term of confinement authorized by
21	21	this subsection and a term of confinement under Section 5 or 12 of
22	22	this article. For the purposes of this subsection, a defendant
23	23	previously has been convicted of a felony regardless of whether the
24	24	sentence for the previous conviction was actually imposed or was
25	25	probated and suspended.
26	26	SECTION 2. Section 481.002, Health and Safety Code, is
27	27	amended by adding Subdivision (54) to read as follows:
28	28	(54) "Marihuana plant" means a single specimen of the
29	29	organism Cannabis sativa L. having leaves and a readily observable
30	30	root formation, including a root ball or root hairs.
31	31	SECTION 3. Subchapter D, Chapter 481, Health and Safety
32	32	Code, is amended by adding Section 481.1211 to read as follows:
33	33	Sec. 481.1211. OFFENSE: PRODUCTION OR DELIVERY OF MARIHUANA
34	34	PLANT. (a) A person commits an offense if the person produces,
35	35	delivers, or possesses with the intent to produce or deliver 10 or
36	36	more marihuana plants, regardless of the weight or size of each
37	37	plant.
38	38	(b) An offense under Subsection (a) is:
39	39	(1) a state jail felony if the number of plants is 10
40	40	or more but fewer than 25;
41	41	(2) a felony of the third degree if the number of
42	42	plants is 25 or more but fewer than 100;
43	43	(3) a felony of the second degree if the number of
44	44	plants is 100 or more but fewer than 500;
45	45	(4) a felony of the first degree if the number of
46	46	plants is 500 or more but fewer than 1,000; and
47	47	(5) punishable by imprisonment in the Texas Department
48	48	of Criminal Justice for life or for a term of not more than 99 years
49	49	or less than 10 years, and a fine not to exceed $100,000, if the
50	50	number of plants is 1,000 or more.
51	51	(c) If conduct that is an offense under this section is also
52	52	an offense under another section of this chapter, the actor may be
53	53	prosecuted under either section or both.
54	54	SECTION 4. Sections 481.134(b), (c), and (d), Health and
55	55	Safety Code, are amended to read as follows:
56	56	(b) An offense otherwise punishable as a state jail felony
57	57	under Section 481.112, 481.113, 481.114, [or] 481.120, or 481.1211
58	58	is punishable as a felony of the third degree, and an offense
59	59	otherwise punishable as a felony of the second degree under any of
60	60	those sections is punishable as a felony of the first degree, if it
61	61	is shown at the punishment phase of the trial of the offense that
62	62	the offense was committed:
63	63	(1) in, on, or within 1,000 feet of premises owned,
64	64	rented, or leased by an institution of higher learning, the
65	65	premises of a public or private youth center, or a playground; or
66	66	(2) in, on, or within 300 feet of the premises of a
67	67	public swimming pool or video arcade facility.
68	68	(c) The minimum term of confinement or imprisonment for an
69	69	offense otherwise punishable under Section 481.112(c), (d), (e), or
70	70	(f), 481.113(c), (d), or (e), 481.114(c), (d), or (e),
71	71	481.115(c)-(f), 481.116(c), (d), or (e), 481.1161(b)(4), (5), or
72	72	(6), 481.117(c), (d), or (e), 481.118(c), (d), or (e),
73	73	481.120(b)(4), (5), or (6), [or] 481.121(b)(4), (5), or (6), or
74	74	481.1211(b)(2), (3), (4), or (5) is increased by five years and the
75	75	maximum fine for the offense is doubled if it is shown on the trial
76	76	of the offense that the offense was committed:
77	77	(1) in, on, or within 1,000 feet of the premises of a
78	78	school, the premises of a public or private youth center, or a
79	79	playground; or
80	80	(2) on a school bus.
81	81	(d) An offense otherwise punishable under Section
82	82	481.112(b), 481.113(b), 481.114(b), 481.115(b), 481.116(b),
83	83	481.1161(b)(3), 481.120(b)(3), [or] 481.121(b)(3), or
84	84	481.1211(b)(1) is a felony of the third degree if it is shown on the
85	85	trial of the offense that the offense was committed:
86	86	(1) in, on, or within 1,000 feet of any real property
87	87	that is owned, rented, or leased to a school or school board, the
88	88	premises of a public or private youth center, or a playground; or
89	89	(2) on a school bus.
90	90	SECTION 5. Section 481.140(a), Health and Safety Code, is
91	91	amended to read as follows:
92	92	(a) If it is shown at the punishment phase of the trial of an
93	93	offense otherwise punishable as a state jail felony, felony of the
94	94	third degree, or felony of the second degree under Section 481.112,
95	95	481.1121, 481.113, 481.114, 481.120, 481.1211, or 481.122 that the
96	96	defendant used or attempted to use a child younger than 18 years of
97	97	age to commit or assist in the commission of the offense, the
98	98	punishment is increased by one degree, unless the defendant used or
99	99	threatened to use force against the child or another to gain the
100	100	child's assistance, in which event the punishment for the offense
101	101	is a felony of the first degree.
102	102	SECTION 6. The change in law made by this Act applies only
103	103	to an offense committed on or after the effective date of this Act.
104	104	An offense committed before the effective date of this Act is
105	105	governed by the law in effect on the date the offense was committed,
106	106	and the former law is continued in effect for that purpose. For
107	107	purposes of this section, an offense was committed before the
108	108	effective date of this Act if any element of the offense occurred
109	109	before that date.
110	110	SECTION 7. This Act takes effect September 1, 2013.