Texas 2015 - 84th Regular

Texas House Bill HB414 Compare Versions

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

Old	New	Differences
1	1	84R2768 JSC-D
2	2	By: Dutton H.B. No. 414
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the penalties for possession of one ounce or less of
8	8	marihuana or a synthetic cannabinoid.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 481.1161, Health and Safety Code, is
11	11	amended by amending Subsection (b) and adding Subsections (c) and
12	12	(d) to read as follows:
13	13	(b) An offense under this section is:
14	14	(1) a Class C misdemeanor if the amount of controlled
15	15	substance possessed is, by aggregate weight, including adulterants
16	16	or dilutants, one ounce or less, except as provided by Subsection
17	17	(c);
18	18	(2) a Class B misdemeanor if the amount of the
19	19	controlled substance possessed is, by aggregate weight, including
20	20	adulterants or dilutants, two ounces or less but more than one
21	21	ounce;
22	22	(3) [(2)] a Class A misdemeanor if the amount of the
23	23	controlled substance possessed is, by aggregate weight, including
24	24	adulterants or dilutants, four ounces or less but more than two
25	25	ounces;
26	26	(4) [(3)] a state jail felony if the amount of the
27	27	controlled substance possessed is, by aggregate weight, including
28	28	adulterants or dilutants, five pounds or less but more than four
29	29	ounces;
30	30	(5) [(4)] a felony of the third degree if the amount of
31	31	the controlled substance possessed is, by aggregate weight,
32	32	including adulterants or dilutants, 50 pounds or less but more than
33	33	5 pounds;
34	34	(6) [(5)] a felony of the second degree if the amount
35	35	of the controlled substance possessed is, by aggregate weight,
36	36	including adulterants or dilutants, 2,000 pounds or less but more
37	37	than 50 pounds; and
38	38	(7) [(6)] punishable by imprisonment in the Texas
39	39	Department of Criminal Justice for life or for a term of not more
40	40	than 99 years or less than 5 years, and a fine not to exceed $50,000,
41	41	if the amount of the controlled substance possessed is, by
42	42	aggregate weight, including adulterants or dilutants, more than
43	43	2,000 pounds.
44	44	(c) An offense under Subsection (b)(1) is a Class B
45	45	misdemeanor if it is shown on the trial of the offense that the
46	46	defendant has been previously convicted three or more times of an
47	47	offense involving the possession of marihuana or a synthetic
48	48	cannabinoid and each prior offense was committed within the
49	49	24-month period preceding the date of the commission of the instant
50	50	offense. For purposes of this subsection, "offense involving the
51	51	possession of marihuana or a synthetic cannabinoid" means an
52	52	offense under this section or Section 481.121 or an offense under
53	53	the laws of another state that contains elements substantially
54	54	similar to the elements of an offense under either of those
55	55	sections.
56	56	(d) A defendant convicted of an offense punishable under
57	57	Subsection (c) is not eligible for community supervision under
58	58	Article 42.12, Code of Criminal Procedure.
59	59	SECTION 2. Section 481.121, Health and Safety Code, is
60	60	amended by amending Subsection (b) and adding Subsections (c) and
61	61	(d) to read as follows:
62	62	(b) An offense under Subsection (a) is:
63	63	(1) a Class C misdemeanor if the amount of marihuana
64	64	possessed is one ounce or less, except as provided by Subsection
65	65	(c);
66	66	(2) a Class B misdemeanor if the amount of marihuana
67	67	possessed is two ounces or less but more than one ounce;
68	68	(3) [(2)] a Class A misdemeanor if the amount of
69	69	marihuana possessed is four ounces or less but more than two ounces;
70	70	(4) [(3)] a state jail felony if the amount of
71	71	marihuana possessed is five pounds or less but more than four
72	72	ounces;
73	73	(5) [(4)] a felony of the third degree if the amount of
74	74	marihuana possessed is 50 pounds or less but more than 5 pounds;
75	75	(6) [(5)] a felony of the second degree if the amount
76	76	of marihuana possessed is 2,000 pounds or less but more than 50
77	77	pounds; and
78	78	(7) [(6)] punishable by imprisonment in the Texas
79	79	Department of Criminal Justice for life or for a term of not more
80	80	than 99 years or less than 5 years, and a fine not to exceed $50,000,
81	81	if the amount of marihuana possessed is more than 2,000 pounds.
82	82	(c) An offense under Subsection (b)(1) is a Class B
83	83	misdemeanor if it is shown on the trial of the offense that the
84	84	defendant has been previously convicted three or more times of an
85	85	offense involving the possession of marihuana or a synthetic
86	86	cannabinoid and each prior offense was committed within the
87	87	24-month period preceding the date of the commission of the instant
88	88	offense. For purposes of this subsection, "offense involving the
89	89	possession of marihuana or a synthetic cannabinoid" means an
90	90	offense under this section or Section 481.1161 or an offense under
91	91	the laws of another state that contains elements substantially
92	92	similar to the elements of an offense under either of those
93	93	sections.
94	94	(d) A defendant convicted of an offense punishable under
95	95	Subsection (c) is not eligible for community supervision under
96	96	Article 42.12, Code of Criminal Procedure.
97	97	SECTION 3. Section 481.126(a), Health and Safety Code, is
98	98	amended to read as follows:
99	99	(a) A person commits an offense if the person:
100	100	(1) barters property or expends funds the person knows
101	101	are derived from the commission of an offense under this chapter
102	102	punishable by imprisonment in the Texas Department of Criminal
103	103	Justice for life;
104	104	(2) barters property or expends funds the person knows
105	105	are derived from the commission of an offense under Section
106	106	481.121(a) that is punishable under Section 481.121(b)(6)
107	107	[481.121(b)(5)];
108	108	(3) barters property or finances or invests funds the
109	109	person knows or believes are intended to further the commission of
110	110	an offense for which the punishment is described by Subdivision
111	111	(1); or
112	112	(4) barters property or finances or invests funds the
113	113	person knows or believes are intended to further the commission of
114	114	an offense under Section 481.121(a) that is punishable under
115	115	Section 481.121(b)(6) [481.121(b)(5)].
116	116	SECTION 4. Sections 481.134(c), (d), (e), and (f), Health
117	117	and Safety Code, are amended to read as follows:
118	118	(c) The minimum term of confinement or imprisonment for an
119	119	offense otherwise punishable under Section 481.112(c), (d), (e), or
120	120	(f), 481.113(c), (d), or (e), 481.114(c), (d), or (e),
121	121	481.115(c)-(f), 481.116(c), (d), or (e), 481.1161(b)(5), (6), or
122	122	(7) [481.1161(b)(4), (5), or (6)], 481.117(c), (d), or (e),
123	123	481.118(c), (d), or (e), 481.120(b)(4), (5), or (6), or
124	124	481.121(b)(5), (6), or (7) [481.121(b)(4), (5), or (6)] is
125	125	increased by five years and the maximum fine for the offense is
126	126	doubled if it is shown on the trial of the offense that the offense
127	127	was committed:
128	128	(1) in, on, or within 1,000 feet of the premises of a
129	129	school, the premises of a public or private youth center, or a
130	130	playground; or
131	131	(2) on a school bus.
132	132	(d) An offense otherwise punishable under Section
133	133	481.112(b), 481.113(b), 481.114(b), 481.115(b), 481.116(b),
134	134	481.1161(b)(4) [481.1161(b)(3)], 481.120(b)(3), or 481.121(b)(4)
135	135	[481.121(b)(3)] is a felony of the third degree if it is shown on
136	136	the trial of the offense that the offense was committed:
137	137	(1) in, on, or within 1,000 feet of any real property
138	138	that is owned, rented, or leased to a school or school board, the
139	139	premises of a public or private youth center, or a playground; or
140	140	(2) on a school bus.
141	141	(e) An offense otherwise punishable under Section
142	142	481.117(b), 481.119(a), 481.120(b)(2), or 481.121(b)(3)
143	143	[481.121(b)(2)] is a state jail felony if it is shown on the trial
144	144	of the offense that the offense was committed:
145	145	(1) in, on, or within 1,000 feet of any real property
146	146	that is owned, rented, or leased to a school or school board, the
147	147	premises of a public or private youth center, or a playground; or
148	148	(2) on a school bus.
149	149	(f) An offense otherwise punishable under Section
150	150	481.118(b), 481.119(b), 481.120(b)(1), or 481.121(b)(1), (b)(2),
151	151	or (c) is a Class A misdemeanor if it is shown on the trial of the
152	152	offense that the offense was committed:
153	153	(1) in, on, or within 1,000 feet of any real property
154	154	that is owned, rented, or leased to a school or school board, the
155	155	premises of a public or private youth center, or a playground; or
156	156	(2) on a school bus.
157	157	SECTION 5. Article 14.06(d), Code of Criminal Procedure, is
158	158	amended to read as follows:
159	159	(d) Subsection (c) applies only to a person charged with
160	160	committing an offense under:
161	161	(1) Section 481.121, Health and Safety Code, if the
162	162	offense is punishable under Subsection (b)(2), (b)(3), or (c)
163	163	[(b)(1) or (2)] of that section;
164	164	(1-a) Section 481.1161, Health and Safety Code, if the
165	165	offense is punishable under Subsection (b)(2), (b)(3), or (c)
166	166	[(b)(1) or (2)] of that section;
167	167	(2) Section 28.03, Penal Code, if the offense is
168	168	punishable under Subsection (b)(2) of that section;
169	169	(3) Section 28.08, Penal Code, if the offense is
170	170	punishable under Subsection (b)(1) of that section;
171	171	(4) Section 31.03, Penal Code, if the offense is
172	172	punishable under Subsection (e)(2)(A) of that section;
173	173	(5) Section 31.04, Penal Code, if the offense is
174	174	punishable under Subsection (e)(2) of that section;
175	175	(6) Section 38.114, Penal Code, if the offense is
176	176	punishable as a Class B misdemeanor; or
177	177	(7) Section 521.457, Transportation Code.
178	178	SECTION 6. Section 15(a)(1), Article 42.12, Code of
179	179	Criminal Procedure, is amended to read as follows:
180	180	(1) On conviction of a state jail felony under Section
181	181	481.115(b), 481.1151(b)(1), 481.116(b), 481.1161(b)(4)
182	182	[481.1161(b)(3)], 481.121(b)(4) [481.121(b)(3)], or
183	183	481.129(g)(1), Health and Safety Code, that is punished under
184	184	Section 12.35(a), Penal Code, the judge shall suspend the
185	185	imposition of the sentence and place the defendant on community
186	186	supervision, unless the defendant has previously been convicted of
187	187	a felony, other than a felony punished under Section 12.44(a),
188	188	Penal Code, or unless the conviction resulted from an adjudication
189	189	of the guilt of a defendant previously placed on deferred
190	190	adjudication community supervision for the offense, in which event
191	191	the judge may suspend the imposition of the sentence and place the
192	192	defendant on community supervision or may order the sentence to be
193	193	executed. The provisions of this subdivision requiring the judge
194	194	to suspend the imposition of the sentence and place the defendant on
195	195	community supervision do not apply to a defendant who:
196	196	(A) under Section 481.1151(b)(1), Health and
197	197	Safety Code, possessed more than five abuse units of the controlled
198	198	substance;
199	199	(B) under Section 481.1161(b)(4)
200	200	[481.1161(b)(3)], Health and Safety Code, possessed more than one
201	201	pound, by aggregate weight, including adulterants or dilutants, of
202	202	the controlled substance; or
203	203	(C) under Section 481.121(b)(4) [481.121(b)(3)],
204	204	Health and Safety Code, possessed more than one pound of marihuana.
205	205	SECTION 7. Article 45.051, Code of Criminal Procedure, is
206	206	amended by adding Subsection (g) to read as follows:
207	207	(g) This subsection applies only to a defendant charged with
208	208	an offense under Section 481.1161 or 481.121, Health and Safety
209	209	Code, who is granted a deferral under Subsection (a). In addition
210	210	to any other requirement, the judge shall, during the deferral
211	211	period, require that the defendant successfully complete a drug
212	212	abuse awareness and education program approved by the Department of
213	213	State Health Services.
214	214	SECTION 8. The changes in law made by this Act apply only to
215	215	an offense committed on or after the effective date of this Act. An
216	216	offense committed before the effective date of this Act is governed
217	217	by the law in effect on the date the offense was committed, and the
218	218	former law is continued in effect for that purpose. For purposes of
219	219	this section, an offense was committed before the effective date of
220	220	this Act if any element of the offense was committed before that
221	221	date.
222	222	SECTION 9. This Act takes effect September 1, 2015.