84R7423 JSC-D
By: Ellis S.B. No. 851
A BILL TO BE ENTITLED
AN ACT
relating to reducing the penalty for certain offenders for
possession of a small amount of certain controlled substances;
creating a dedicated account.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 481.115, Health and Safety Code, is
amended by amending Subsection (b) and adding Subsection (b-1) to
read as follows:
(b) Except as provided by Subsection (b-1), an [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, a usable quantity that
is more than 0.02 grams but less than one gram.
(b-1) An offense under Subsection (b) is a state jail felony
if the person has been previously convicted of an offense listed in
Section 3g(a)(1), Article 42.12, Code of Criminal Procedure.
SECTION 2. Section 481.1151, Health and Safety Code, is
amended by amending Subsection (b) and adding Subsection (c) to
read as follows:
(b) An offense under this section is:
(1) except as provided by Subsection (c), a Class A
misdemeanor [state jail felony] if the number of abuse units of the
controlled substance is fewer than 20;
(2) a felony of the third degree if the number of abuse
units of the controlled substance is 20 or more but fewer than 80;
(3) a felony of the second degree if the number of
abuse units of the controlled substance is 80 or more but fewer than
4,000;
(4) a felony of the first degree if the number of abuse
units of the controlled substance is 4,000 or more but fewer than
8,000; and
(5) 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 15 years and a fine not to exceed $250,000, if the
number of abuse units of the controlled substance is 8,000 or more.
(c) An offense under Subsection (b)(1) is a state jail
felony if the person has been previously convicted of an offense
listed in Section 3g(a)(1), Article 42.12, Code of Criminal
Procedure.
SECTION 3. Section 481.116, Health and Safety Code, is
amended by amending Subsection (b) and adding Subsection (b-1) to
read as follows:
(b) Except as provided by Subsection (b-1), an [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, a usable quantity that
is more than 0.02 grams but less than one gram.
(b-1) An offense under Subsection (b) is a state jail felony
if the person has been previously convicted of an offense listed in
Section 3g(a)(1), Article 42.12, Code of Criminal Procedure.
SECTION 4. Section 481.134(d), Health and Safety Code, is
amended to read as follows:
(d) An offense otherwise punishable under Section
481.112(b), 481.113(b), 481.114(b), 481.115(b-1) [481.115(b)],
481.116(b-1) [481.116(b)], 481.1161(b)(3), 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.
SECTION 5. Section 11, Article 42.12, Code of Criminal
Procedure, is amended by adding Subsection (n) to read as follows:
(n) A judge who grants community supervision to a person
convicted of a Class A misdemeanor under Section 481.115(b),
481.1151(b)(1), 481.116(b), or 481.1161(b)(2), Health and Safety
Code, may require, as a condition of community supervision, that
the person successfully complete an educational program on
substance abuse awareness approved by the Department of State
Health Services.
SECTION 6. Section 15(a)(1), Article 42.12, Code of
Criminal Procedure, is amended to read as follows:
(1) On conviction of a state jail felony under Section
481.115(b-1) [481.115(b)], 481.1151(c) [481.1151(b)(1)],
481.116(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(c) [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 7. Chapter 481, Health and Safety Code, is amended
by adding Subchapter J to read as follows:
SUBCHAPTER J. DISPOSITION OF SAVINGS RELATED TO PENALTIES FOR
CERTAIN CONTROLLED SUBSTANCE OFFENSES
Sec. 481.401. ACCOUNT. The safe neighborhoods and schools
account is a dedicated account in the general revenue fund.
Sec. 481.402. FUNDING SOURCE. (a) The comptroller shall
determine the amount of money saved as a result of the passage of
the Act of the 84th Legislature, Regular Session, 2015, that
reduces the penalties for certain persons convicted of offenses
under Sections 481.115, 481.1151, and 481.116.
(b) The comptroller shall deposit the amount determined
under Subsection (a) into the safe neighborhoods and schools
account as follows:
(1) 25 percent to the education subaccount in the
account;
(2) 10 percent to the victim compensation subaccount
in the account; and
(3) 65 percent to the corrections subaccount in the
account.
Sec. 481.403. EDUCATION SUBACCOUNT. Money in the education
subaccount of the safe neighborhoods and schools account may be
appropriated only to the Texas Education Agency to provide grants
to programs that are designed to improve outcomes for public school
students by reducing truancy and supporting students who are at
risk of dropping out of school or are victims of crime.
Sec. 481.404. VICTIM COMPENSATION SUBACCOUNT. Money in the
victim compensation subaccount of the safe neighborhoods and
schools account may be appropriated only to the victim services
division of the Texas Department of Criminal Justice to provide
grants for programs that assist victims of crime.
Sec. 481.405. CORRECTIONS SUBACCOUNT. Money in the
corrections subaccount of the safe neighborhoods and schools
account may be appropriated only to the community justice
assistance division of the Texas Department of Criminal Justice to
provide grants for:
(1) programs providing mental health treatment or
substance abuse treatment for persons in the criminal justice
system;
(2) pretrial intervention programs for persons in the
criminal justice system; and
(3) programs to reduce recidivism of:
(A) persons convicted of misdemeanor offenses;
and
(B) persons with mental health or substance abuse
issues who are in the criminal justice system.
Sec. 481.406. INTEREST ON ACCOUNT. Section 403.071,
Government Code, does not apply to the safe neighborhoods and
schools account.
SECTION 8. 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 on the date 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 was
committed before that date.
SECTION 9. This Act takes effect September 1, 2015.