Texas 2015 - 84th Regular

Texas House Bill HB325 Compare Versions

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

Old	New	Differences
1	1	84R1959 GCB-D
2	2	By: Wu H.B. No. 325
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the prosecution of and penalties for possession of 0.35
8	8	ounces or less of marihuana.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Article 14.06(d), Code of Criminal Procedure, is
11	11	amended to read as follows:
12	12	(d) Subsection (c) applies only to a person charged with
13	13	committing an offense under:
14	14	(1) Section 481.121, Health and Safety Code, if the
15	15	offense is punishable under Subsection (b)(2) or (3) [(b)(1) or
16	16	(2)] of that section;
17	17	(1-a) Section 481.1161, Health and Safety Code, if the
18	18	offense is punishable under Subsection (b)(1) or (2) of that
19	19	section;
20	20	(2) Section 28.03, Penal Code, if the offense is
21	21	punishable under Subsection (b)(2) of that section;
22	22	(3) Section 28.08, Penal Code, if the offense is
23	23	punishable under Subsection (b)(1) of that section;
24	24	(4) Section 31.03, Penal Code, if the offense is
25	25	punishable under Subsection (e)(2)(A) of that section;
26	26	(5) Section 31.04, Penal Code, if the offense is
27	27	punishable under Subsection (e)(2) of that section;
28	28	(6) Section 38.114, Penal Code, if the offense is
29	29	punishable as a Class B misdemeanor; or
30	30	(7) Section 521.457, Transportation Code.
31	31	SECTION 2. Section 15(a)(1), Article 42.12, Code of
32	32	Criminal Procedure, is amended to read as follows:
33	33	(1) On conviction of a state jail felony under Section
34	34	481.115(b), 481.1151(b)(1), 481.116(b), 481.1161(b)(3),
35	35	481.121(b)(4) [481.121(b)(3)], or 481.129(g)(1), Health and Safety
36	36	Code, that is punished under Section 12.35(a), Penal Code, the
37	37	judge shall suspend the imposition of the sentence and place the
38	38	defendant on community supervision, unless the defendant has
39	39	previously been convicted of a felony, other than a felony punished
40	40	under Section 12.44(a), Penal Code, or unless the conviction
41	41	resulted from an adjudication of the guilt of a defendant
42	42	previously placed on deferred adjudication community supervision
43	43	for the offense, in which event the judge may suspend the imposition
44	44	of the sentence and place the defendant on community supervision or
45	45	may order the sentence to be executed. The provisions of this
46	46	subdivision requiring the judge to suspend the imposition of the
47	47	sentence and place the defendant on community supervision do not
48	48	apply to a defendant who:
49	49	(A) under Section 481.1151(b)(1), Health and
50	50	Safety Code, possessed more than five abuse units of the controlled
51	51	substance;
52	52	(B) under Section 481.1161(b)(3), Health and
53	53	Safety Code, possessed more than one pound, by aggregate weight,
54	54	including adulterants or dilutants, of the controlled substance; or
55	55	(C) under Section 481.121(b)(4) [481.121(b)(3)],
56	56	Health and Safety Code, possessed more than one pound of marihuana.
57	57	SECTION 3. Section 481.121(b), Health and Safety Code, is
58	58	amended to read as follows:
59	59	(b) An offense under Subsection (a) is:
60	60	(1) a Class C misdemeanor if the amount of marihuana
61	61	possessed is 0.35 ounces or less;
62	62	(2) a Class B misdemeanor if the amount of marihuana
63	63	possessed is two ounces or less but more than 0.35 ounces;
64	64	(3) [(2)] a Class A misdemeanor if the amount of
65	65	marihuana possessed is four ounces or less but more than two ounces;
66	66	(4) [(3)] a state jail felony if the amount of
67	67	marihuana possessed is five pounds or less but more than four
68	68	ounces;
69	69	(5) [(4)] a felony of the third degree if the amount of
70	70	marihuana possessed is 50 pounds or less but more than 5 pounds;
71	71	(6) [(5)] a felony of the second degree if the amount
72	72	of marihuana possessed is 2,000 pounds or less but more than 50
73	73	pounds; and
74	74	(7) [(6)] punishable by imprisonment in the Texas
75	75	Department of Criminal Justice for life or for a term of not more
76	76	than 99 years or less than 5 years, and a fine not to exceed $50,000,
77	77	if the amount of marihuana possessed is more than 2,000 pounds.
78	78	SECTION 4. Section 481.126(a), Health and Safety Code, is
79	79	amended to read as follows:
80	80	(a) A person commits an offense if the person:
81	81	(1) barters property or expends funds the person knows
82	82	are derived from the commission of an offense under this chapter
83	83	punishable by imprisonment in the Texas Department of Criminal
84	84	Justice for life;
85	85	(2) barters property or expends funds the person knows
86	86	are derived from the commission of an offense under Section
87	87	481.121(a) that is punishable under Section 481.121(b)(6)
88	88	[481.121(b)(5)];
89	89	(3) barters property or finances or invests funds the
90	90	person knows or believes are intended to further the commission of
91	91	an offense for which the punishment is described by Subdivision
92	92	(1); or
93	93	(4) barters property or finances or invests funds the
94	94	person knows or believes are intended to further the commission of
95	95	an offense under Section 481.121(a) that is punishable under
96	96	Section 481.121(b)(6) [481.121(b)(5)].
97	97	SECTION 5. Section 481.134, Health and Safety Code, is
98	98	amended by amending Subsections (c), (d), (e), (f), and (g) and
99	99	adding Subsection (f-1) to read as follows:
100	100	(c) The minimum term of confinement or imprisonment for an
101	101	offense otherwise punishable under Section 481.112(c), (d), (e), or
102	102	(f), 481.113(c), (d), or (e), 481.114(c), (d), or (e),
103	103	481.115(c)-(f), 481.116(c), (d), or (e), 481.1161(b)(4), (5), or
104	104	(6), 481.117(c), (d), or (e), 481.118(c), (d), or (e),
105	105	481.120(b)(4), (5), or (6), or 481.121(b)(5), (6), or (7)
106	106	[481.121(b)(4), (5), or (6)] is increased by five years and the
107	107	maximum fine for the offense is doubled if it is shown on the trial
108	108	of the offense that the offense was committed:
109	109	(1) in, on, or within 1,000 feet of the premises of a
110	110	school, the premises of a public or private youth center, or a
111	111	playground; or
112	112	(2) on a school bus.
113	113	(d) An offense otherwise punishable under Section
114	114	481.112(b), 481.113(b), 481.114(b), 481.115(b), 481.116(b),
115	115	481.1161(b)(3), 481.120(b)(3), or 481.121(b)(4) [481.121(b)(3)] is
116	116	a felony of the third degree if it is shown on the trial of the
117	117	offense that the offense was committed:
118	118	(1) in, on, or within 1,000 feet of any real property
119	119	that is owned, rented, or leased to a school or school board, the
120	120	premises of a public or private youth center, or a playground; or
121	121	(2) on a school bus.
122	122	(e) An offense otherwise punishable under Section
123	123	481.117(b), 481.119(a), 481.120(b)(2), or 481.121(b)(3)
124	124	[481.121(b)(2)] is a state jail felony if it is shown on the trial
125	125	of the offense that the offense was committed:
126	126	(1) in, on, or within 1,000 feet of any real property
127	127	that is owned, rented, or leased to a school or school board, the
128	128	premises of a public or private youth center, or a playground; or
129	129	(2) on a school bus.
130	130	(f) An offense otherwise punishable under Section
131	131	481.118(b), 481.119(b), 481.120(b)(1), or 481.121(b)(2)
132	132	[481.121(b)(1)] is a Class A misdemeanor if it is shown on the trial
133	133	of the offense that the offense was committed:
134	134	(1) in, on, or within 1,000 feet of any real property
135	135	that is owned, rented, or leased to a school or school board, the
136	136	premises of a public or private youth center, or a playground; or
137	137	(2) on a school bus.
138	138	(f-1) An offense otherwise punishable under Section
139	139	481.121(b)(1) is a Class B misdemeanor if it is shown on the trial
140	140	of the offense that the offense was committed:
141	141	(1) in, on, or within 1,000 feet of any real property
142	142	that is owned, rented, or leased to a school or school board, the
143	143	premises of a public or private youth center, or a playground; or
144	144	(2) on a school bus.
145	145	(g) Subsections (f) and (f-1) do [Subsection (f) does] not
146	146	apply to an offense if:
147	147	(1) the offense was committed inside a private
148	148	residence; and
149	149	(2) no minor was present in the private residence at
150	150	the time the offense was committed.
151	151	SECTION 6. Section 12.43(c), Penal Code, is amended to read
152	152	as follows:
153	153	(c) If it is shown on the trial of an offense punishable as a
154	154	Class C misdemeanor under Section 42.01 or 49.02, or under Section
155	155	481.121(b)(1), Health and Safety Code, that the defendant has
156	156	previously been convicted of any [been before convicted under
157	157	either] of those offenses [sections] three times or three times for
158	158	any combination of those offenses and each prior offense was
159	159	committed in the 24 months preceding the date of commission of the
160	160	instant offense, the defendant shall be punished by:
161	161	(1) a fine not to exceed $2,000;
162	162	(2) confinement in jail for a term not to exceed 180
163	163	days; or
164	164	(3) both such fine and confinement.
165	165	SECTION 7. The amendments of Sections 481.121 and 481.134,
166	166	Health and Safety Code, by this Act apply to an offense committed
167	167	under Section 481.121 or an offense committed under Section 481.121
168	168	and punishable under Section 481.134, Health and Safety Code,
169	169	before, on, or after September 1, 2015, except that a final
170	170	conviction for an offense that exists on September 1, 2015, is
171	171	unaffected by this Act.
172	172	SECTION 8. This Act takes effect September 1, 2015.