Texas 2017 - 85th Regular

Texas House Bill HB130 Compare Versions

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

Old	New	Differences
1	1	85R320 JSC-D
2	2	By: Dutton H.B. No. 130
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the penalty for certain offenders for possession of a
8	8	small amount of certain controlled substances.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 481.115, Health and Safety Code, is
11	11	amended by amending Subsection (b) and adding Subsection (b-1) to
12	12	read as follows:
13	13	(b) Except as provided by Subsection (b-1), an [An] offense
14	14	under Subsection (a) is a Class A misdemeanor with a minimum term of
15	15	confinement of 180 days [state jail felony] if the amount of the
16	16	controlled substance possessed is, by aggregate weight, including
17	17	adulterants or dilutants, less than one gram.
18	18	(b-1) An offense punishable under Subsection (b) is a state
19	19	jail felony if the person has been previously convicted of an
20	20	offense under this section or Section 481.1151, 481.116, 481.1161,
21	21	481.117, 481.118, or 481.121.
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) a Class A misdemeanor with a minimum term of
27	27	confinement of 180 days [state jail felony] if the number of abuse
28	28	units of the controlled substance is fewer than 20, except as
29	29	provided by Subsection (c);
30	30	(2) a felony of the third degree if the number of abuse
31	31	units of the controlled substance is 20 or more but fewer than 80;
32	32	(3) a felony of the second degree if the number of
33	33	abuse units of the controlled substance is 80 or more but fewer than
34	34	4,000;
35	35	(4) a felony of the first degree if the number of abuse
36	36	units of the controlled substance is 4,000 or more but fewer than
37	37	8,000; and
38	38	(5) punishable by imprisonment in the Texas Department
39	39	of Criminal Justice for life or for a term of not more than 99 years
40	40	or less than 15 years and a fine not to exceed $250,000, if the
41	41	number of abuse units of the controlled substance is 8,000 or more.
42	42	(c) An offense punishable under Subsection (b)(1) is a state
43	43	jail felony if the person has been previously convicted of an
44	44	offense under this section or Section 481.115, 481.116, 481.1161,
45	45	481.117, 481.118, or 481.121.
46	46	SECTION 3. Section 481.116, Health and Safety Code, is
47	47	amended by amending Subsection (b) and adding Subsection (b-1) to
48	48	read as follows:
49	49	(b) Except as provided by Subsection (b-1), an [An] offense
50	50	under Subsection (a) is a Class A misdemeanor with a minimum term of
51	51	confinement of 180 days [state jail felony] if the amount of the
52	52	controlled substance possessed is, by aggregate weight, including
53	53	adulterants or dilutants, less than one gram.
54	54	(b-1) An offense punishable under Subsection (b) is a state
55	55	jail felony if the person has been previously convicted of an
56	56	offense under this section or Section 481.115, 481.1151, 481.1161,
57	57	481.117, 481.118, or 481.121.
58	58	SECTION 4. Section 481.134(d), Health and Safety Code, is
59	59	amended to read as follows:
60	60	(d) An offense otherwise punishable under Section
61	61	481.112(b), 481.1121(b)(1), 481.113(b), 481.114(b), 481.115(b-1)
62	62	[481.115(b)], 481.1151(c) [481.1151(b)(1)], 481.116(b-1)
63	63	[481.116(b)], 481.1161(b)(3), 481.120(b)(3), or 481.121(b)(3) is a
64	64	felony of the third degree if it is shown on the trial of the offense
65	65	that the offense was committed:
66	66	(1) in, on, or within 1,000 feet of any real property
67	67	that is owned, rented, or leased to a school or school board, the
68	68	premises of a public or private youth center, or a playground; or
69	69	(2) on a school bus.
70	70	SECTION 5. Subchapter K, Chapter 42A, Code of Criminal
71	71	Procedure, is amended by adding Article 42A.514 to read as follows:
72	72	Art. 42A.514. COMMUNITY SUPERVISION FOR CERTAIN DRUG
73	73	OFFENSES; EDUCATIONAL PROGRAM. A judge who grants community
74	74	supervision to a person convicted of a Class A misdemeanor under
75	75	Section 481.115(b), 481.1151(b)(1), 481.116(b), or 481.1161(b)(2),
76	76	Health and Safety Code, may require, as a condition of community
77	77	supervision, that the person successfully complete an educational
78	78	program on substance abuse awareness approved by the Department of
79	79	State Health Services.
80	80	SECTION 6. Articles 42A.551(a) and (c), Code of Criminal
81	81	Procedure, are amended to read as follows:
82	82	(a) Except as otherwise provided by Subsection (b) or (c),
83	83	on conviction of a state jail felony under Section 481.115(b-1)
84	84	[481.115(b)], 481.1151(c) [481.1151(b)(1)], 481.116(b-1)
85	85	[481.116(b)], 481.1161(b)(3), 481.121(b)(3), or 481.129(g)(1),
86	86	Health and Safety Code, that is punished under Section 12.35(a),
87	87	Penal Code, the judge shall suspend the imposition of the sentence
88	88	and place the defendant on community supervision.
89	89	(c) Subsection (a) does not apply to a defendant who:
90	90	(1) under Section 481.1151(c) [481.1151(b)(1)],
91	91	Health and Safety Code, possessed more than five abuse units of the
92	92	controlled substance;
93	93	(2) under Section 481.1161(b)(3), Health and Safety
94	94	Code, possessed more than one pound, by aggregate weight, including
95	95	adulterants or dilutants, of the controlled substance; or
96	96	(3) under Section 481.121(b)(3), Health and Safety
97	97	Code, possessed more than one pound of marihuana.
98	98	SECTION 7. The change in law made by this Act applies only
99	99	to an offense committed on or after the effective date of this Act.
100	100	An offense committed before the effective date of this Act is
101	101	governed by the law in effect on the date the offense was committed,
102	102	and the former law is continued in effect for that purpose. For
103	103	purposes of this section, an offense was committed before the
104	104	effective date of this Act if any element of the offense was
105	105	committed before that date.
106	106	SECTION 8. This Act takes effect September 1, 2017.