84R8647 JSC-F
By: Dutton H.B. No. 3889
A BILL TO BE ENTITLED
AN ACT
relating to adding certain substances to Penalty Group 2 of the
Texas Controlled Substances Act for purposes of criminal
prosecutions involving those substances, increasing penalties for
the manufacture of, delivery of, or possession with the intent to
deliver certain controlled substances, and a pilot program for
field testing for controlled substances.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 411, Government Code, is amended by
adding Subchapter P to read as follows:
SUBCHAPTER P. FIELD TESTING PILOT PROGRAM
Sec. 411.451. PURPOSE. The field testing pilot program is
intended to examine the feasibility and desirability of equipping
peace officers with field testing kits that identify whether a
substance is a controlled substance prohibited under Chapter 481,
Health and Safety Code.
Sec. 411.452. PARTICIPATION. The department shall
designate at least five local law enforcement agencies in various
regions of the state to participate in the program and equip
officers in those agencies with field testing kits.
Sec. 411.453. ADMISSIBILITY. The result of a test from a
field testing kit is not admissible in any criminal, civil, or
administrative proceeding.
Sec. 411.454. REPORT. Not later than December 1, 2016, the
department shall submit to the governor, lieutenant governor,
speaker of the house of representatives, and standing committees of
the senate and house of representatives with jurisdiction over
criminal justice issues a report evaluating:
(1) the technical capabilities and accuracy of the
technology used in the pilot program;
(2) the potential impact on criminal justice in this
state if field testing were implemented statewide;
(3) any cost savings anticipated from the use of the
field testing kits; and
(4) the acceptance of field testing as evidence in the
courts of this state.
Sec. 411.455. EXPIRATION. This subchapter expires August
31, 2017.
SECTION 2. Section 481.103(a), Health and Safety Code, is
amended to read as follows:
(a) Penalty Group 2 consists of:
(1) any quantity of the following hallucinogenic
substances, their salts, isomers, and salts of isomers, unless
specifically excepted, if the existence of these salts, isomers,
and salts of isomers is possible within the specific chemical
designation:
alpha-ethyltryptamine;
alpha-methyltryptamine;
4-bromo-2, 5-dimethoxyamphetamine (some trade or
other names: 4-bromo-2, 5-dimethoxy-alpha-methylphenethylamine;
4-bromo-2, 5-DMA);
4-bromo-2, 5-dimethoxyphenethylamine;
Bufotenine (some trade and other names: 3-(beta-
Dimethylaminoethyl)-5-hydroxyindole; 3-(2-dimethylaminoethyl)- 5-
indolol; N, N-dimethylserotonin; 5-hydroxy-N, N-
dimethyltryptamine; mappine);
Diethyltryptamine (some trade and other
names: N, N-Diethyltryptamine, DET);
2, 5-dimethoxyamphetamine (some trade or other
names: 2, 5-dimethoxy-alpha-methylphenethylamine; 2, 5-DMA);
2, 5-dimethoxy-4-ethylamphetamine (trade or other
name: DOET);
2, 5-dimethoxy-4-(n)-propylthiophenethylamine
(trade or other name: 2C-T-7);
Dimethyltryptamine (trade or other name: DMT);
Dronabinol (synthetic) in sesame oil and
encapsulated in a soft gelatin capsule in a U.S. Food and Drug
Administration approved drug product (some trade or other names for
Dronabinol: (a6aR-trans)-6a,7,8,10a-tetrahydro- 6,6, 9-
trimethyl-3-pentyl-6H- dibenzo [b,d]pyran-1-ol or (-)-delta-9-
(trans)- tetrahydrocannabinol);
Ethylamine Analog of Phencyclidine (some trade or
other names: N-ethyl-1-phenylcyclohexylamine, (1-
phenylcyclohexyl) ethylamine, N-(1-phenylcyclohexyl) ethylamine,
cyclohexamine, PCE);
Ibogaine (some trade or other names: 7-Ethyl-6,
6, beta 7, 8, 9, 10, 12, 13-octahydro-2-methoxy-6, 9-methano-5H-
pyrido [1', 2':1, 2] azepino [5, 4-b] indole; tabernanthe iboga.);
Mescaline;
5-methoxy-N, N-diisopropyltryptamine;
5-methoxy-3, 4-methylenedioxy amphetamine;
4-methoxyamphetamine (some trade or other
names: 4-methoxy-alpha-methylphenethylamine;
paramethoxyamphetamine; PMA);
methyl 2-(1-(cyclohexylmethyl)-1H-indole-3-
carboxamido)-3,3-dimethylbutanoate;
1-methyl- 4-phenyl-4-propionoxypiperidine (MPPP,
PPMP);
4-methyl-2, 5-dimethoxyamphetamine (some trade
and other names: 4-methyl-2, 5-dimethoxy-alpha-
methylphenethylamine; "DOM"; "STP");
3,4-methylenedioxy methamphetamine (MDMA, MDM);
3,4-methylenedioxy amphetamine;
3,4-methylenedioxy N-ethylamphetamine (Also
known as N-ethyl MDA);
Nabilone (Another name for nabilone: (+)-trans-
3-(1,1-dimethylheptyl)- 6,6a, 7,8,10,10a-hexahydro-1-hydroxy- 6,
6-dimethyl-9H-dibenzo[b,d] pyran-9-one;
N-(1-amino-3-phenyl-1-oxopropan-2-yl)-1-(5-
fluoropentyl)-1H-indole-3-carboxamide;
N-(1-amino-3-phenyl-1-oxopropan-2-yl)-1-(5-
fluoropentyl)-1H-indazole-3-carboxamide;
N-benzylpiperazine (some trade or other
names: BZP; 1-benzylpiperazine);
N-ethyl-3-piperidyl benzilate;
N-hydroxy-3,4-methylenedioxyamphetamine (Also
known as N-hydroxy MDA);
4-methylaminorex;
N-methyl-3-piperidyl benzilate;
Parahexyl (some trade or other names: 3-Hexyl-1-
hydroxy-7, 8, 9, 10-tetrahydro-6, 6, 9-trimethyl-6H-dibenzo [b, d]
pyran; Synhexyl);
1-Phenylcyclohexylamine;
1-Piperidinocyclohexanecarbonitrile (PCC);
Psilocin;
Psilocybin;
Pyrrolidine Analog of Phencyclidine (some trade
or other names: 1-(1-phenylcyclohexyl)-pyrrolidine, PCPy, PHP);
Tetrahydrocannabinols, other than marihuana, and
synthetic equivalents of the substances contained in the plant, or
in the resinous extractives of Cannabis, or synthetic substances,
derivatives, and their isomers with similar chemical structure and
pharmacological activity such as:
delta-1 cis or trans tetrahydrocannabinol,
and their optical isomers;
delta-6 cis or trans tetrahydrocannabinol,
and their optical isomers;
delta-3, 4 cis or trans
tetrahydrocannabinol, and its optical isomers;
compounds of these structures, regardless of
numerical designation of atomic positions, since nomenclature of
these substances is not internationally standardized;
Thiophene Analog of Phencyclidine (some trade or
other names: 1-[1-(2-thienyl) cyclohexyl] piperidine; 2-Thienyl
Analog of Phencyclidine; TPCP, TCP);
1-pyrrolidine (some trade or other name: TCPy);
1-(3-trifluoromethylphenyl)piperazine (trade or
other name: TFMPP); and
3,4,5-trimethoxy amphetamine;
(2) Phenylacetone (some trade or other
names: Phenyl-2-propanone; P2P, Benzymethyl ketone, methyl benzyl
ketone);
(3) unless specifically excepted or unless listed in
another Penalty Group, a material, compound, mixture, or
preparation that contains any quantity of the following substances
having a potential for abuse associated with a depressant or
stimulant effect on the central nervous system:
Aminorex (some trade or other
names: aminoxaphen; 2-amino-5-phenyl-2-oxazoline; 4,5-dihydro-5-
phenyl-2-oxazolamine);
Amphetamine, its salts, optical isomers, and
salts of optical isomers;
Cathinone (some trade or other names: 2-amino-1-
phenyl-1-propanone, alpha-aminopropiophenone, 2-
aminopropiophenone);
Etorphine Hydrochloride;
Fenethylline and its salts;
Lisdexamfetamine, including its salts, isomers,
and salts of isomers;
Mecloqualone and its salts;
Methaqualone and its salts;
Methcathinone (some trade or other names: 2-
methylamino-propiophenone; alpha-(methylamino)propriophenone;
2-(methylamino)-1-phenylpropan-1-one; alpha-N-
methylaminopropriophenone; monomethylpropion; ephedrone, N-
methylcathinone; methylcathinone; AL-464; AL-422; AL-463; and UR
1431);
N-Ethylamphetamine, its salts, optical isomers,
and salts of optical isomers; and
N,N-dimethylamphetamine (some trade or other
names: N,N,alpha-trimethylbenzeneethaneamine;
N,N,alpha-trimethylphenethylamine), its salts, optical isomers,
and salts of optical isomers; and
(4) any compound structurally derived from
2-aminopropanal by substitution at the 1-position with any
monocyclic or fused-polycyclic ring system, including:
(A) compounds further modified by:
(i) substitution in the ring system to any
extent (including alkyl, alkoxy, alkylenedioxy, haloalkyl, or
halide substituents), whether or not further substituted in the
ring system by other substituents;
(ii) substitution at the 3-position with an
alkyl substituent; or
(iii) substitution at the 2-amino nitrogen
atom with alkyl or dialkyl groups, or inclusion of the 2-amino
nitrogen atom in a cyclic structure; and
(B) by example, compounds such as:
4-Methylmethcathinone (Also known as
Mephedrone);
3,4-Dimethylmethcathinone (Also known as
3,4-DMMC);
3-Fluoromethcathinone (Also known as 3-FMC);
4-Fluoromethcathinone (Also known as
Flephedrone);
3,4-Methylenedioxy-N-methylcathinone (Also
known as Methylone);
3,4-Methylenedioxypyrovalerone (Also known
as MDPV);
alpha-Pyrrolidinopentiophenone (Also known
as alpha-PVP);
Naphthylpyrovalerone (Also known as
Naphyrone);
beta-Keto-N-methylbenzodioxolylpropylamine
(Also known as Butylone);
beta-Keto-N-methylbenzodioxolylpentanamine
(Also known as Pentylone);
beta-Keto-Ethylbenzodioxolylbutanamine
(Also known as Eutylone); and
3,4-methylenedioxy-N-ethylcathinone (Also
known as Ethylone).
SECTION 3. Section 481.119(a), Health and Safety Code, is
amended to read as follows:
(a) A person commits an offense if the person knowingly
manufactures, delivers, or possesses with intent to deliver a
controlled substance listed in a schedule by an action of the
commissioner under this chapter but not listed in a penalty group.
An offense under this subsection is a state jail felony [Class A
misdemeanor].
SECTION 4. Sections 481.134(d) and (e), Health and Safety
Code, are amended to read as follows:
(d) An offense otherwise punishable under Section
481.112(b), 481.113(b), 481.114(b), 481.115(b), 481.116(b),
481.1161(b)(3), 481.119(a), 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.
(e) An offense otherwise punishable under Section
481.117(b), [481.119(a),] 481.120(b)(2), or 481.121(b)(2) is a
state jail felony 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. 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
governed 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 occurred
before that date.
SECTION 6. This Act takes effect September 1, 2015.