| 1 | 1 | | 84R2402 JSC-F |
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| 2 | 2 | | By: Ellis S.B. No. 1417 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to a civil penalty for possession of certain small amounts |
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| 8 | 8 | | of marihuana and an exception to prosecution for possession of |
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| 9 | 9 | | associated drug paraphernalia. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 481.121(b), Health and Safety Code, is |
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| 12 | 12 | | amended to read as follows: |
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| 13 | 13 | | (b) An offense under Subsection (a) is: |
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| 14 | 14 | | (1) a Class B misdemeanor if the amount of marihuana |
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| 15 | 15 | | possessed is two ounces or less but more than one ounce; |
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| 16 | 16 | | (2) a Class A misdemeanor if the amount of marihuana |
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| 17 | 17 | | possessed is four ounces or less but more than two ounces; |
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| 18 | 18 | | (3) a state jail felony if the amount of marihuana |
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| 19 | 19 | | possessed is five pounds or less but more than four ounces; |
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| 20 | 20 | | (4) a felony of the third degree if the amount of |
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| 21 | 21 | | marihuana possessed is 50 pounds or less but more than 5 pounds; |
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| 22 | 22 | | (5) a felony of the second degree if the amount of |
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| 23 | 23 | | marihuana possessed is 2,000 pounds or less but more than 50 pounds; |
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| 24 | 24 | | and |
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| 25 | 25 | | (6) punishable by imprisonment in the Texas Department |
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| 26 | 26 | | of Criminal Justice for life or for a term of not more than 99 years |
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| 27 | 27 | | or less than 5 years, and a fine not to exceed $50,000, if the amount |
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| 28 | 28 | | of marihuana possessed is more than 2,000 pounds. |
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| 29 | 29 | | SECTION 2. Subchapter D, Chapter 481, Health and Safety |
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| 30 | 30 | | Code, is amended by adding Section 481.1211 to read as follows: |
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| 31 | 31 | | Sec. 481.1211. CIVIL PENALTY: POSSESSION OF SMALL AMOUNT OF |
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| 32 | 32 | | MARIHUANA. (a) A person who knowingly or intentionally possesses a |
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| 33 | 33 | | usable quantity of marihuana in an amount that is one ounce or less |
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| 34 | 34 | | is liable to the state for a civil penalty not to exceed $100. |
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| 35 | 35 | | (b) The imposition of a civil penalty under this section is |
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| 36 | 36 | | not a conviction and may not be considered a conviction for any |
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| 37 | 37 | | purpose. |
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| 38 | 38 | | (c) A peace officer may not make an arrest solely because of |
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| 39 | 39 | | a violation of this section. A peace officer shall issue to a |
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| 40 | 40 | | person who violates this section a citation that contains written |
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| 41 | 41 | | notice of the time and place the person must appear before a justice |
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| 42 | 42 | | court, the name and address of the person charged, and the civil |
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| 43 | 43 | | violation charged. |
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| 44 | 44 | | (d) The district or county attorney of the county in which |
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| 45 | 45 | | the conduct described by Subsection (a) is alleged to have occurred |
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| 46 | 46 | | shall bring an action in the justice court of the county to collect |
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| 47 | 47 | | the civil penalty of a person who receives a citation under this |
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| 48 | 48 | | section. |
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| 49 | 49 | | (e) The court may waive or reduce the civil penalty if: |
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| 50 | 50 | | (1) the person subject to a civil penalty under this |
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| 51 | 51 | | section attends a program that provides education in substance |
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| 52 | 52 | | abuse and is approved by the Department of State Health Services or |
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| 53 | 53 | | the Texas Department of Public Safety; or |
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| 54 | 54 | | (2) the person performs not more than 10 hours of |
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| 55 | 55 | | community service, as recommended by the court. |
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| 56 | 56 | | (f) Law enforcement shall seize any marihuana in possession |
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| 57 | 57 | | of a person subject to a civil penalty under this section and |
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| 58 | 58 | | preserve the marihuana as if the marihuana were evidence of an |
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| 59 | 59 | | offense under this chapter pending the final resolution of a civil |
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| 60 | 60 | | proceeding under this section and any available appeal. After |
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| 61 | 61 | | final resolution of the civil proceeding and any available appeal, |
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| 62 | 62 | | any marihuana seized is subject to forfeiture and shall be disposed |
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| 63 | 63 | | of in accordance with Section 481.159. |
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| 64 | 64 | | (g) The identity of a person cited or found liable for a |
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| 65 | 65 | | civil penalty under this section is confidential information under |
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| 66 | 66 | | Section 552.101, Government Code. |
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| 67 | 67 | | SECTION 3. Section 481.125, Health and Safety Code, is |
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| 68 | 68 | | amended by adding Subsection (g) to read as follows: |
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| 69 | 69 | | (g) It is an exception to the application of this section |
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| 70 | 70 | | that drug paraphernalia was knowingly or intentionally used, |
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| 71 | 71 | | possessed, or delivered solely in furtherance of a violation of |
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| 72 | 72 | | Section 481.1211. |
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| 73 | 73 | | SECTION 4. The changes in law made by this Act apply only to |
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| 74 | 74 | | a violation of law that occurs on or after the effective date of |
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| 75 | 75 | | this Act. A violation that occurs before the effective date of this |
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| 76 | 76 | | Act is governed by the law in effect on the date the violation |
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| 77 | 77 | | occurred, and the former law is continued in effect for that |
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| 78 | 78 | | purpose. For purposes of this section, a violation of law occurred |
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| 79 | 79 | | before the effective date of this Act if any element of the |
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| 80 | 80 | | violation occurred before that date. |
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| 81 | 81 | | SECTION 5. This Act takes effect September 1, 2015. |
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