Texas 2015 - 84th Regular

Texas House Bill HB254 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R1621 JSC-D
2	2	By: Thompson of Harris H.B. No. 254
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the penalty for certain offenders for possession of a
8	8	small amount of certain controlled substances.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 481.115(b), Health and Safety Code, is
11	11	amended to read as follows:
12	12	(b) An offense under Subsection (a) is a Class A misdemeanor
13	13	[state jail felony] if the amount of the controlled substance
14	14	possessed is, by aggregate weight, including adulterants or
15	15	dilutants, less than one gram.
16	16	SECTION 2. Section 481.1151(b), Health and Safety Code, is
17	17	amended to read as follows:
18	18	(b) An offense under this section is:
19	19	(1) a Class A misdemeanor [state jail felony] if the
20	20	number of abuse units of the controlled substance is fewer than 20;
21	21	(2) a felony of the third degree if the number of abuse
22	22	units of the controlled substance is 20 or more but fewer than 80;
23	23	(3) a felony of the second degree if the number of
24	24	abuse units of the controlled substance is 80 or more but fewer than
25	25	4,000;
26	26	(4) a felony of the first degree if the number of abuse
27	27	units of the controlled substance is 4,000 or more but fewer than
28	28	8,000; and
29	29	(5) punishable by imprisonment in the Texas Department
30	30	of Criminal Justice for life or for a term of not more than 99 years
31	31	or less than 15 years and a fine not to exceed $250,000, if the
32	32	number of abuse units of the controlled substance is 8,000 or more.
33	33	SECTION 3. Section 481.116(b), Health and Safety Code, is
34	34	amended to read as follows:
35	35	(b) An offense under Subsection (a) is a Class A misdemeanor
36	36	[state jail felony] if the amount of the controlled substance
37	37	possessed is, by aggregate weight, including adulterants or
38	38	dilutants, less than one gram.
39	39	SECTION 4. Section 481.134(d), Health and Safety Code, is
40	40	amended to read as follows:
41	41	(d) An offense otherwise punishable under Section
42	42	481.112(b), 481.113(b), 481.114(b), [481.115(b), 481.116(b),]
43	43	481.1161(b)(3), 481.120(b)(3), or 481.121(b)(3) is a felony of the
44	44	third degree if it is shown on the trial of the offense that the
45	45	offense was committed:
46	46	(1) in, on, or within 1,000 feet of any real property
47	47	that is owned, rented, or leased to a school or school board, the
48	48	premises of a public or private youth center, or a playground; or
49	49	(2) on a school bus.
50	50	SECTION 5. Section 11, Article 42.12, Code of Criminal
51	51	Procedure, is amended by adding Subsection (n) to read as follows:
52	52	(n) A judge who grants community supervision to a person
53	53	convicted of a Class A misdemeanor under Section 481.115(b),
54	54	481.1151(b)(1), 481.116(b), or 481.1161(b)(2), Health and Safety
55	55	Code, may require, as a condition of community supervision, that
56	56	the person successfully complete an educational program on
57	57	substance abuse awareness approved by the Department of State
58	58	Health Services.
59	59	SECTION 6. Section 15(a)(1), Article 42.12, Code of
60	60	Criminal Procedure, is amended to read as follows:
61	61	(1) On conviction of a state jail felony under Section
62	62	[481.115(b), 481.1151(b)(1), 481.116(b),] 481.1161(b)(3),
63	63	481.121(b)(3), or 481.129(g)(1), Health and Safety Code, that is
64	64	punished under Section 12.35(a), Penal Code, the judge shall
65	65	suspend the imposition of the sentence and place the defendant on
66	66	community supervision, unless the defendant has previously been
67	67	convicted of a felony, other than a felony punished under Section
68	68	12.44(a), Penal Code, or unless the conviction resulted from an
69	69	adjudication of the guilt of a defendant previously placed on
70	70	deferred adjudication community supervision for the offense, in
71	71	which event the judge may suspend the imposition of the sentence and
72	72	place the defendant on community supervision or may order the
73	73	sentence to be executed. The provisions of this subdivision
74	74	requiring the judge to suspend the imposition of the sentence and
75	75	place the defendant on community supervision do not apply to a
76	76	defendant who:
77	77	(A) [under Section 481.1151(b)(1), Health and
78	78	Safety Code, possessed more than five abuse units of the controlled
79	79	substance;
80	80	[(B)] under Section 481.1161(b)(3), Health and
81	81	Safety Code, possessed more than one pound, by aggregate weight,
82	82	including adulterants or dilutants, of the controlled substance; or
83	83	(B) [(C)] under Section 481.121(b)(3), Health
84	84	and Safety Code, possessed more than one pound of marihuana.
85	85	SECTION 7. The change in law made by this Act applies only
86	86	to an offense committed on or after the effective date of this Act.
87	87	An offense committed before the effective date of this Act is
88	88	governed by the law in effect on the date the offense was committed,
89	89	and the former law is continued in effect for that purpose. For
90	90	purposes of this section, an offense was committed before the
91	91	effective date of this Act if any element of the offense was
92	92	committed before that date.
93	93	SECTION 8. This Act takes effect September 1, 2015.