By: Thompson of Harris H.B. No. 3326
A BILL TO BE ENTITLED
AN ACT
Relating to decreasing the punishment for certain misdemeanor and
felony offenses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 481.121, Health and Safety Code, is
amended by amending Subsection (b) and adding Subsections (c) and
(d) to read as follows:
(b) An offense under Subsection (a) is:
(1) a Class C misdemeanor if the amount of marihuana
possessed is one ounce or less;
(2) a Class B misdemeanor if the amount of marihuana
possessed is two ounces or less but more than one ounce;
(3) [(2)] a Class A misdemeanor if the amount of
marihuana possessed is four ounces or less but more than two ounces;
(4) [(3)] a state jail felony if the amount of
marihuana possessed is five pounds or less but more than four
ounces;
(5) [(4)] a felony of the third degree if the amount of
marihuana possessed is 50 pounds or less but more than 5 pounds;
(6) [(5)] a felony of the second degree if the amount
of marihuana possessed is 2,000 pounds or less but more than 50
pounds; and
(7) [(6)] 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 5 years, and a fine not to exceed $50,000,
if the amount of marihuana possessed is more than 2,000 pounds.
SECTION 2. Section 15(a)(1), Article 42.12, Code of
Criminal Procedure, is amended to read as follows:
(a)(1) On conviction of a state jail felony under Section
[481.115(b),] 481.1151(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(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 3. Section 481.115(b), Health and Safety Code, is
amended to read as follows:
(b) An offense under Subsection (a) is a Class A misdemeanor
[state jail felony] if the amount of the controlled substance
possessed is, by aggregate weight, including adulterants or
dilutants, less than one gram.
SECTION 4. Section 28.03(b), Penal Code, is amended to read
as follows:
(b) Except as provided by Subsections (f) and (h), an
offense under this section is:
(1) a Class C misdemeanor if:
(A) the amount of pecuniary loss is less than
$500 [$50]; or
(B) except as provided in Subdivision (3)(A) or
(3)(B), it causes substantial inconvenience to others;
(2) a Class B misdemeanor if the amount of pecuniary
loss is $500 [$50] or more but less than $1,500 [$500];
(3) a Class A misdemeanor if:
(A) the amount of pecuniary loss is $1,500 [$500]
or more but less than $20,000 [$1,500]; or
(B) the actor causes in whole or in part
impairment or interruption of any public water supply, or causes to
be diverted in whole, in part, or in any manner, including
installation or removal of any device for any such purpose, any
public water supply, regardless of the amount of the pecuniary
loss;
(4) a state jail felony if the amount of pecuniary loss
is:
(A) [$1,500 or more but less than $20,000;
[(B)] less than $20,000 [$1,500], if the property
damaged or destroyed is a habitation and if the damage or
destruction is caused by a firearm or explosive weapon;
(B) [(C)] less than $20,000 [$1,500], if the
property was a fence used for the production or containment of:
(i) cattle, bison, horses, sheep, swine,
goats, exotic livestock, or exotic poultry; or
(ii) game animals as that term is defined by
Section 63.001, Parks and Wildlife Code; or
(C) [(D)] less than $20,000 and the actor causes
wholly or partly impairment or interruption of public
communications, public transportation, public gas or power supply,
or other public service, or causes to be diverted wholly, partly, or
in any manner, including installation or removal of any device for
any such purpose, any public communications or public gas or power
supply;
(5) a felony of the third degree if the amount of the
pecuniary loss is $20,000 or more but less than $100,000;
(6) a felony of the second degree if the amount of
pecuniary loss is $100,000 or more but less than $200,000; or
(7) a felony of the first degree if the amount of
pecuniary loss is $200,000 or more.
SECTION 5. Sections 28.08(b) and (d), Penal Code, are
amended to read as follows:
(b) Except as provided by Subsection (d), an offense under
this section is:
(1) a Class C misdemeanor if the amount of pecuniary
loss is less than $100;
(2) a Class B misdemeanor if the amount of pecuniary
loss is $100 or more but less than $750 [$500];
(3) [(2)] a Class A misdemeanor if the amount of
pecuniary loss is $750 [$500] or more but less than $2,500 [$1,500];
(4) [(3)] a state jail felony if the amount of
pecuniary loss is $2,500 [$1,500] or more but less than $30,000
[$20,000];
(5) [(4)] a felony of the third degree if the amount of
pecuniary loss is $30,000 [$20,000] or more but less than $150,000
[$100,000];
(6) [(5)] a felony of the second degree if the amount
of pecuniary loss is $150,000 [$100,000] or more but less than
$300,000 [$200,000]; or
(7) [(6)] a felony of the first degree if the amount of
pecuniary loss is $300,000 [$200,000] or more.
(d) An offense under this section is a state jail felony if:
(1) the marking is made on a school, an institution of
higher education, a place of worship or human burial, a public
monument, or a community center that provides medical, social, or
educational programs; and
(2) the amount of the pecuniary loss to real property
or to tangible personal property is $750 or more but less than
$30,000 [$20,000].
SECTION 6. Section 30.02(c), Penal Code, is amended to read
as follows:
(c) Except as provided in Subsection (d), an offense under
this section is a:
(1) Class A misdemeanor [state jail felony] if
committed in a building other than a habitation; or
(2) felony of the second degree if committed in a
habitation.
SECTION 7. Section 31.03(e), Penal Code, is amended to read
as follows:
(e) Except as provided by Subsection (f), an offense under
this section is:
(1) a Class C misdemeanor if the value of the property
stolen is less than $500 [:
[(A) $50; or
[(B) $20 and the defendant obtained the
property by issuing or passing a check or similar sight order in a
manner described by Section 31.06];
(2) a Class B misdemeanor if:
(A) the value of the property stolen is $500 [:
[(i) $50] or more but less than $1,500
[$500]; [or
[(ii) $20 or more but less than $500 and the
defendant obtained the property by issuing or passing a check or
similar sight order in a manner described by Section 31.06;]
(B) the value of the property stolen is less than
$500 [:
[(i) $50] and the defendant has previously
been convicted of any grade of theft; or
[(ii) $20, the defendant has previously
been convicted of any grade of theft, and the defendant obtained the
property by issuing or passing a check or similar sight order in a
manner described by Section 31.06; or]
(C) the property stolen is a driver's license,
commercial driver's license, or personal identification
certificate issued by this state or another state;
(3) a Class A misdemeanor if the value of the property
stolen is $1,500 [$500] or more but less than $20,000 [$1,500];
(4) a state jail felony if:
(A) [the value of the property stolen is $1,500
or more but less than $20,000, or] the property is less than 10 head
of sheep, swine, or goats or any part thereof under the value of
$20,000;
(B) regardless of value, the property is stolen
from the person of another or from a human corpse or grave,
including property that is a military grave marker;
(C) the property stolen is a firearm, as defined
by Section 46.01;
(D) the value of the property stolen is less than
$20,000 [$1,500] and the defendant has been previously convicted
two or more times of any grade of theft;
(E) the property stolen is an official ballot or
official carrier envelope for an election; or
(F) the value of the property stolen is less than
$20,000 and the property stolen is:
(i) aluminum;
(ii) bronze;
(iii) copper; or
(iv) brass;
(5) a felony of the third degree if the value of the
property stolen is $20,000 or more but less than $100,000, or the
property is:
(A) cattle, horses, or exotic livestock or exotic
fowl as defined by Section 142.001, Agriculture Code, stolen during
a single transaction and having an aggregate value of less than
$100,000; or
(B) 10 or more head of sheep, swine, or goats
stolen during a single transaction and having an aggregate value of
less than $100,000;
(6) a felony of the second degree if:
(A) the value of the property stolen is $100,000
or more but less than $200,000; or
(B) the value of the property stolen is less than
$200,000 and the property stolen is an automated teller machine or
the contents or components of an automated teller machine; or
(7) a felony of the first degree if the value of the
property stolen is $200,000 or more.
SECTION 8. Sections 31.04(b) and (e), Penal Code, are
amended to read as follows:
(b) For purposes of this section, intent to avoid payment is
presumed if:
(1) the actor absconded without paying for the service
or expressly refused to pay for the service in circumstances where
payment is ordinarily made immediately upon rendering of the
service, as in hotels, campgrounds, recreational vehicle parks,
restaurants, and comparable establishments;
(2) the actor failed to make payment under a service
agreement within 10 days after receiving notice demanding payment;
(3) the actor returns property held under a rental
agreement after the expiration of the rental agreement and fails to
pay the applicable rental charge for the property within 10 days
after the date on which the actor received notice demanding
payment; or
(4) the actor failed to return the property held under
a rental agreement:
(A) within five days after receiving notice
demanding return, if the property is valued at less than $2,500
[$1,500]; or
(B) within three days after receiving notice
demanding return, if the property is valued at $2,500 [$1,500] or
more.
(e) An offense under this section is:
(1) a Class C misdemeanor if the value of the service
stolen is less than $100 [$20];
(2) a Class B misdemeanor if the value of the service
stolen is $100 [$20] or more but less than $750 [$500];
(3) a Class A misdemeanor if the value of the service
stolen is $750 [$500] or more but less than $2,500 [$1,500];
(4) a state jail felony if the value of the service
stolen is $2,500 [$1,500] or more but less than $30,000 [$20,000];
(5) a felony of the third degree if the value of the
service stolen is $30,000 [$20,000] or more but less than $150,000
[$100,000];
(6) a felony of the second degree if the value of the
service stolen is $150,000 [$100,000] or more but less than
$300,000 [$200,000]; or
(7) a felony of the first degree if the value of the
service stolen is $300,000 [$200,000] or more.
SECTION 9. Section 32.21(c), Penal Code, is amended to read
as follows:
(c) Except as provided by Subsections [(d),] (e) [,] and
(e-1), an offense under this section is a Class A misdemeanor.
SECTION 10. Section 32.31(d), Penal Code, is amended to
read as follows:
(d) An offense under this section is a Class A misdemeanor
[state jail felony], except that the offense is a felony of the
third degree if it is shown on the trial of the offense that the
offense was committed against an elderly individual as defined by
Section 22.04.
SECTION 11. Section 32.51(c), Penal Code, is amended to
read as follows:
(c) An offense under this section is:
(1) a Class A misdemeanor [state jail felony] if the
number of items obtained, possessed, transferred, or used is less
than five;
(2) a state jail felony [of the third degree] if the
number of items obtained, possessed, transferred, or used is five
or more but less than 10;
(3) a felony of the third [second] degree if the number
of items obtained, possessed, transferred, or used is 10 or more but
less than 50; or
(4) a felony of the second [first] degree if the number
of items obtained, possessed, transferred, or used is 50 or more.
SECTION 12. Section 43.02(c), Penal Code, is amended to
read as follows:
(c) An offense under this section is a Class B misdemeanor,
except that the offense is:
(1) a Class A misdemeanor if the actor has previously
been convicted [one or two times] of an offense under this section;
or
(2) [a state jail felony if the actor has previously
been convicted three or more times of an offense under this section;
or
[(3)] a felony of the second degree if the person
solicited is younger than 18 years of age, regardless of whether the
actor knows the age of the person solicited at the time the actor
commits the offense.
SECTION 13. Section 502.001(c), Business & Commerce Code,
is amended to read as follows:
(c) A restaurant or bar owner shall display in a prominent
place on the premises of the restaurant or bar a sign stating in
letters at least one-half inch high: "UNDER SECTION 32.51, PENAL
CODE, IT IS A CLASS A MISDEMEANOR [STATE JAIL FELONY] (PUNISHABLE BY
CONFINEMENT IN [A STATE] JAIL FOR NOT MORE THAN ONE YEAR) [TWO
YEARS)] TO OBTAIN, POSSESS, TRANSFER, OR USE A CUSTOMER'S DEBIT
CARD OR CREDIT CARD NUMBER WITHOUT THE CUSTOMER'S CONSENT."
SECTION 14. Section 32.21(d), Penal Code, is repealed.
SECTION 15. The change in law made by this Act applies to an
offense committed before, on, or after the effective date of this
Act, except that a final conviction that exists on the effective
date of this Act is unaffected by this Act.
SECTION 16. This Act takes effect September 1, 2015.