Texas 2017 - 85th Regular

Texas House Bill HB2606 Compare Versions

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

Old	New	Differences
1	1	85R8252 GCB-D
2	2	By: Lozano H.B. No. 2606
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the prosecution and punishment for possession of a
8	8	controlled substance listed in Penalty Group 2-A; increasing a
9	9	criminal penalty for possession of certain substances.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 481.1161, Health and Safety Code, is
12	12	amended by amending Subsection (b) and adding Subsection (c) to
13	13	read as follows:
14	14	(b) Except as provided by Subsection (c), an [An] offense
15	15	under this section is:
16	16	(1) a Class B misdemeanor if the amount of the
17	17	controlled substance possessed is, by aggregate weight, including
18	18	adulterants or dilutants, two ounces or less;
19	19	(2) a Class A misdemeanor if the amount of the
20	20	controlled substance possessed is, by aggregate weight, including
21	21	adulterants or dilutants, four ounces or less but more than two
22	22	ounces;
23	23	(3) a state jail felony if the amount of the controlled
24	24	substance possessed is, by aggregate weight, including adulterants
25	25	or dilutants, five pounds or less but more than four ounces;
26	26	(4) a felony of the third degree if the amount of the
27	27	controlled substance possessed is, by aggregate weight, including
28	28	adulterants or dilutants, 50 pounds or less but more than 5 pounds;
29	29	(5) a felony of the second degree if the amount of the
30	30	controlled substance possessed is, by aggregate weight, including
31	31	adulterants or dilutants, 2,000 pounds or less but more than 50
32	32	pounds; and
33	33	(6) punishable by imprisonment in the Texas Department
34	34	of Criminal Justice for life or for a term of not more than 99 years
35	35	or less than 5 years, and a fine not to exceed $50,000, if the amount
36	36	of the controlled substance possessed is, by aggregate weight,
37	37	including adulterants or dilutants, more than 2,000 pounds.
38	38	(c) If the controlled substance is in a powdered form, an
39	39	offense under this section is:
40	40	(1) a Class A misdemeanor if the amount of the
41	41	controlled substance possessed is, excluding any adulterants or
42	42	dilutants, two ounces or less;
43	43	(2) a state jail felony if the amount of the controlled
44	44	substance possessed is, excluding any adulterants or dilutants,
45	45	four ounces or less but more than two ounces;
46	46	(3) a felony of the third degree if the amount of the
47	47	controlled substance possessed is, excluding any adulterants or
48	48	dilutants, five pounds or less but more than four ounces;
49	49	(4) a felony of the second degree if the amount of the
50	50	controlled substance possessed is, excluding any adulterants or
51	51	dilutants, 50 pounds or less but more than 5 pounds; and
52	52	(5) punishable by imprisonment in the Texas Department
53	53	of Criminal Justice for life or for a term of not more than 99 years
54	54	or less than 5 years, and a fine not to exceed $50,000, if the amount
55	55	of the controlled substance possessed is, excluding any adulterants
56	56	or dilutants, more than 50 pounds.
57	57	SECTION 2. Article 14.06(d), Code of Criminal Procedure, is
58	58	amended to read as follows:
59	59	(d) Subsection (c) applies only to a person charged with
60	60	committing an offense under:
61	61	(1) Section 481.121, Health and Safety Code, if the
62	62	offense is punishable under Subsection (b)(1) or (2) of that
63	63	section;
64	64	(1-a) Section 481.1161, Health and Safety Code, if the
65	65	offense is punishable under Subsection (b)(1), (b)(2), or (c)(1)
66	66	[or (2)] of that section;
67	67	(2) Section 28.03, Penal Code, if the offense is
68	68	punishable under Subsection (b)(2) of that section;
69	69	(3) Section 28.08, Penal Code, if the offense is
70	70	punishable under Subsection (b)(2) or (3) of that section;
71	71	(4) Section 31.03, Penal Code, if the offense is
72	72	punishable under Subsection (e)(2)(A) of that section;
73	73	(5) Section 31.04, Penal Code, if the offense is
74	74	punishable under Subsection (e)(2) of that section;
75	75	(6) Section 38.114, Penal Code, if the offense is
76	76	punishable as a Class B misdemeanor; or
77	77	(7) Section 521.457, Transportation Code.
78	78	SECTION 3. Article 42A.551(a), Code of Criminal Procedure,
79	79	is amended to read as follows:
80	80	(a) Except as otherwise provided by Subsection (b) or (c),
81	81	on conviction of a state jail felony under Section 481.115(b),
82	82	481.1151(b)(1), 481.116(b), 481.1161(b)(3) or (c)(2),
83	83	481.121(b)(3), or 481.129(g)(1), Health and Safety Code, that is
84	84	punished under Section 12.35(a), Penal Code, the judge shall
85	85	suspend the imposition of the sentence and place the defendant on
86	86	community supervision.
87	87	SECTION 4. Sections 481.134(c), (d), and (e), Health and
88	88	Safety Code, are amended to read as follows:
89	89	(c) The minimum term of confinement or imprisonment for an
90	90	offense otherwise punishable under Section 481.112(c), (d), (e), or
91	91	(f), 481.1121(b)(2), (3), or (4), 481.113(c), (d), or (e),
92	92	481.114(c), (d), or (e), 481.115(c)-(f), 481.1151(b)(2), (3), (4),
93	93	or (5), 481.116(c), (d), or (e), 481.1161(b)(4), (b)(5), (b)(6),
94	94	(c)(3), (c)(4), or (c)(5) [(5), or (6)], 481.117(c), (d), or (e),
95	95	481.118(c), (d), or (e), 481.120(b)(4), (5), or (6), or
96	96	481.121(b)(4), (5), or (6) is increased by five years and the
97	97	maximum fine for the offense is doubled if it is shown on the trial
98	98	of the offense that the offense was committed:
99	99	(1) in, on, or within 1,000 feet of the premises of a
100	100	school, the premises of a public or private youth center, or a
101	101	playground; or
102	102	(2) on a school bus.
103	103	(d) An offense otherwise punishable under Section
104	104	481.112(b), 481.1121(b)(1), 481.113(b), 481.114(b), 481.115(b),
105	105	481.1151(b)(1), 481.116(b), 481.1161(b)(3) or (c)(2),
106	106	481.120(b)(3), or 481.121(b)(3) is a felony of the third degree if
107	107	it is shown on the trial of the offense that the offense was
108	108	committed:
109	109	(1) in, on, or within 1,000 feet of any real property
110	110	that is owned, rented, or leased to a school or school board, the
111	111	premises of a public or private youth center, or a playground; or
112	112	(2) on a school bus.
113	113	(e) An offense otherwise punishable under Section
114	114	481.1161(b)(2) or (c)(1), 481.117(b), 481.119(a), 481.120(b)(2),
115	115	or 481.121(b)(2) is a state jail felony if it is shown on the trial
116	116	of the offense that the offense was committed:
117	117	(1) in, on, or within 1,000 feet of any real property
118	118	that is owned, rented, or leased to a school or school board, the
119	119	premises of a public or private youth center, or a playground; or
120	120	(2) on a school bus.
121	121	SECTION 5. The change in law made by this Act applies only
122	122	to an offense committed on or after the effective date of this Act.
123	123	An offense committed before the effective date of this Act is
124	124	governed by the law in effect on the date the offense was committed,
125	125	and the former law is continued in effect for that purpose. For
126	126	purposes of this section, an offense was committed before the
127	127	effective date of this Act if any element of the offense occurred
128	128	before that date.
129	129	SECTION 6. This Act takes effect September 1, 2017.