Texas 2015 - 84th Regular

Texas Senate Bill SB851 Compare Versions

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

Old	New	Differences
1	1	84R7423 JSC-D
2	2	By: Ellis S.B. No. 851
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to reducing the penalty for certain offenders for
8	8	possession of a small amount of certain controlled substances;
9	9	creating a dedicated account.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 481.115, Health and Safety Code, is
12	12	amended by amending Subsection (b) and adding Subsection (b-1) to
13	13	read as follows:
14	14	(b) Except as provided by Subsection (b-1), an [An] offense
15	15	under Subsection (a) is a Class A misdemeanor [state jail felony] if
16	16	the amount of the controlled substance possessed is, by aggregate
17	17	weight, including adulterants or dilutants, a usable quantity that
18	18	is more than 0.02 grams but less than one gram.
19	19	(b-1) An offense under Subsection (b) is a state jail felony
20	20	if the person has been previously convicted of an offense listed in
21	21	Section 3g(a)(1), Article 42.12, Code of Criminal Procedure.
22	22	SECTION 2. Section 481.1151, Health and Safety Code, is
23	23	amended by amending Subsection (b) and adding Subsection (c) to
24	24	read as follows:
25	25	(b) An offense under this section is:
26	26	(1) except as provided by Subsection (c), a Class A
27	27	misdemeanor [state jail felony] if the number of abuse units of the
28	28	controlled substance is fewer than 20;
29	29	(2) a felony of the third degree if the number of abuse
30	30	units of the controlled substance is 20 or more but fewer than 80;
31	31	(3) a felony of the second degree if the number of
32	32	abuse units of the controlled substance is 80 or more but fewer than
33	33	4,000;
34	34	(4) a felony of the first degree if the number of abuse
35	35	units of the controlled substance is 4,000 or more but fewer than
36	36	8,000; and
37	37	(5) punishable by imprisonment in the Texas Department
38	38	of Criminal Justice for life or for a term of not more than 99 years
39	39	or less than 15 years and a fine not to exceed $250,000, if the
40	40	number of abuse units of the controlled substance is 8,000 or more.
41	41	(c) An offense under Subsection (b)(1) is a state jail
42	42	felony if the person has been previously convicted of an offense
43	43	listed in Section 3g(a)(1), Article 42.12, Code of Criminal
44	44	Procedure.
45	45	SECTION 3. Section 481.116, Health and Safety Code, is
46	46	amended by amending Subsection (b) and adding Subsection (b-1) to
47	47	read as follows:
48	48	(b) Except as provided by Subsection (b-1), an [An] offense
49	49	under Subsection (a) is a Class A misdemeanor [state jail felony] if
50	50	the amount of the controlled substance possessed is, by aggregate
51	51	weight, including adulterants or dilutants, a usable quantity that
52	52	is more than 0.02 grams but less than one gram.
53	53	(b-1) An offense under Subsection (b) is a state jail felony
54	54	if the person has been previously convicted of an offense listed in
55	55	Section 3g(a)(1), Article 42.12, Code of Criminal Procedure.
56	56	SECTION 4. Section 481.134(d), Health and Safety Code, is
57	57	amended to read as follows:
58	58	(d) An offense otherwise punishable under Section
59	59	481.112(b), 481.113(b), 481.114(b), 481.115(b-1) [481.115(b)],
60	60	481.116(b-1) [481.116(b)], 481.1161(b)(3), 481.120(b)(3), or
61	61	481.121(b)(3) is a felony of the third degree if it is shown on the
62	62	trial of the offense that the offense was committed:
63	63	(1) in, on, or within 1,000 feet of any real property
64	64	that is owned, rented, or leased to a school or school board, the
65	65	premises of a public or private youth center, or a playground; or
66	66	(2) on a school bus.
67	67	SECTION 5. Section 11, Article 42.12, Code of Criminal
68	68	Procedure, is amended by adding Subsection (n) to read as follows:
69	69	(n) A judge who grants community supervision to a person
70	70	convicted of a Class A misdemeanor under Section 481.115(b),
71	71	481.1151(b)(1), 481.116(b), or 481.1161(b)(2), Health and Safety
72	72	Code, may require, as a condition of community supervision, that
73	73	the person successfully complete an educational program on
74	74	substance abuse awareness approved by the Department of State
75	75	Health Services.
76	76	SECTION 6. Section 15(a)(1), Article 42.12, Code of
77	77	Criminal Procedure, is amended to read as follows:
78	78	(1) On conviction of a state jail felony under Section
79	79	481.115(b-1) [481.115(b)], 481.1151(c) [481.1151(b)(1)],
80	80	481.116(b-1) [481.116(b)], 481.1161(b)(3), 481.121(b)(3), or
81	81	481.129(g)(1), Health and Safety Code, that is punished under
82	82	Section 12.35(a), Penal Code, the judge shall suspend the
83	83	imposition of the sentence and place the defendant on community
84	84	supervision, unless the defendant has previously been convicted of
85	85	a felony, other than a felony punished under Section 12.44(a),
86	86	Penal Code, or unless the conviction resulted from an adjudication
87	87	of the guilt of a defendant previously placed on deferred
88	88	adjudication community supervision for the offense, in which event
89	89	the judge may suspend the imposition of the sentence and place the
90	90	defendant on community supervision or may order the sentence to be
91	91	executed. The provisions of this subdivision requiring the judge
92	92	to suspend the imposition of the sentence and place the defendant on
93	93	community supervision do not apply to a defendant who:
94	94	(A) under Section 481.1151(c) [481.1151(b)(1)],
95	95	Health and Safety Code, possessed more than five abuse units of the
96	96	controlled substance;
97	97	(B) under Section 481.1161(b)(3), Health and
98	98	Safety Code, possessed more than one pound, by aggregate weight,
99	99	including adulterants or dilutants, of the controlled substance; or
100	100	(C) under Section 481.121(b)(3), Health and
101	101	Safety Code, possessed more than one pound of marihuana.
102	102	SECTION 7. Chapter 481, Health and Safety Code, is amended
103	103	by adding Subchapter J to read as follows:
104	104	SUBCHAPTER J. DISPOSITION OF SAVINGS RELATED TO PENALTIES FOR
105	105	CERTAIN CONTROLLED SUBSTANCE OFFENSES
106	106	Sec. 481.401. ACCOUNT. The safe neighborhoods and schools
107	107	account is a dedicated account in the general revenue fund.
108	108	Sec. 481.402. FUNDING SOURCE. (a) The comptroller shall
109	109	determine the amount of money saved as a result of the passage of
110	110	the Act of the 84th Legislature, Regular Session, 2015, that
111	111	reduces the penalties for certain persons convicted of offenses
112	112	under Sections 481.115, 481.1151, and 481.116.
113	113	(b) The comptroller shall deposit the amount determined
114	114	under Subsection (a) into the safe neighborhoods and schools
115	115	account as follows:
116	116	(1) 25 percent to the education subaccount in the
117	117	account;
118	118	(2) 10 percent to the victim compensation subaccount
119	119	in the account; and
120	120	(3) 65 percent to the corrections subaccount in the
121	121	account.
122	122	Sec. 481.403. EDUCATION SUBACCOUNT. Money in the education
123	123	subaccount of the safe neighborhoods and schools account may be
124	124	appropriated only to the Texas Education Agency to provide grants
125	125	to programs that are designed to improve outcomes for public school
126	126	students by reducing truancy and supporting students who are at
127	127	risk of dropping out of school or are victims of crime.
128	128	Sec. 481.404. VICTIM COMPENSATION SUBACCOUNT. Money in the
129	129	victim compensation subaccount of the safe neighborhoods and
130	130	schools account may be appropriated only to the victim services
131	131	division of the Texas Department of Criminal Justice to provide
132	132	grants for programs that assist victims of crime.
133	133	Sec. 481.405. CORRECTIONS SUBACCOUNT. Money in the
134	134	corrections subaccount of the safe neighborhoods and schools
135	135	account may be appropriated only to the community justice
136	136	assistance division of the Texas Department of Criminal Justice to
137	137	provide grants for:
138	138	(1) programs providing mental health treatment or
139	139	substance abuse treatment for persons in the criminal justice
140	140	system;
141	141	(2) pretrial intervention programs for persons in the
142	142	criminal justice system; and
143	143	(3) programs to reduce recidivism of:
144	144	(A) persons convicted of misdemeanor offenses;
145	145	and
146	146	(B) persons with mental health or substance abuse
147	147	issues who are in the criminal justice system.
148	148	Sec. 481.406. INTEREST ON ACCOUNT. Section 403.071,
149	149	Government Code, does not apply to the safe neighborhoods and
150	150	schools account.
151	151	SECTION 8. The change in law made by this Act applies only
152	152	to an offense committed on or after the effective date of this Act.
153	153	An offense committed before the effective date of this Act is
154	154	governed by the law in effect on the date the offense was committed,
155	155	and the former law is continued in effect for that purpose. For
156	156	purposes of this section, an offense was committed before the
157	157	effective date of this Act if any element of the offense was
158	158	committed before that date.
159	159	SECTION 9. This Act takes effect September 1, 2015.