Texas 2017 - 85th Regular

Texas House Bill HB680 Compare Versions

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

Old	New	Differences
1	1	85R1593 GCB-D
2	2	By: Wu H.B. No. 680
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the prosecution of and penalties for possession of 0.35
8	8	ounces or less of marihuana.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Article 14.06(d), Code of Criminal Procedure, is
11	11	amended to read as follows:
12	12	(d) Subsection (c) applies only to a person charged with
13	13	committing an offense under:
14	14	(1) Section 481.121, Health and Safety Code, if the
15	15	offense is punishable under Subsection (b)(2) or (3) [(b)(1) or
16	16	(2)] of that section;
17	17	(1-a) Section 481.1161, Health and Safety Code, if the
18	18	offense is punishable under Subsection (b)(1) or (2) of that
19	19	section;
20	20	(2) Section 28.03, Penal Code, if the offense is
21	21	punishable under Subsection (b)(2) of that section;
22	22	(3) Section 28.08, Penal Code, if the offense is
23	23	punishable under Subsection (b)(2) or (3) of that section;
24	24	(4) Section 31.03, Penal Code, if the offense is
25	25	punishable under Subsection (e)(2)(A) of that section;
26	26	(5) Section 31.04, Penal Code, if the offense is
27	27	punishable under Subsection (e)(2) of that section;
28	28	(6) Section 38.114, Penal Code, if the offense is
29	29	punishable as a Class B misdemeanor; or
30	30	(7) Section 521.457, Transportation Code.
31	31	SECTION 2. Articles 42A.551(a) and (c), Code of Criminal
32	32	Procedure, are amended to read as follows:
33	33	(a) Except as otherwise provided by Subsection (b) or (c),
34	34	on conviction of a state jail felony under Section 481.115(b),
35	35	481.1151(b)(1), 481.116(b), 481.1161(b)(3), 481.121(b)(4)
36	36	[481.121(b)(3)], or 481.129(g)(1), Health and Safety Code, that is
37	37	punished under Section 12.35(a), Penal Code, the judge shall
38	38	suspend the imposition of the sentence and place the defendant on
39	39	community supervision.
40	40	(c) Subsection (a) does not apply to a defendant who:
41	41	(1) under Section 481.1151(b)(1), Health and Safety
42	42	Code, possessed more than five abuse units of the controlled
43	43	substance;
44	44	(2) under Section 481.1161(b)(3), Health and Safety
45	45	Code, possessed more than one pound, by aggregate weight, including
46	46	adulterants or dilutants, of the controlled substance; or
47	47	(3) under Section 481.121(b)(4) [481.121(b)(3)],
48	48	Health and Safety Code, possessed more than one pound of marihuana.
49	49	SECTION 3. Section 481.121(b), Health and Safety Code, is
50	50	amended to read as follows:
51	51	(b) An offense under Subsection (a) is:
52	52	(1) a Class C misdemeanor if the amount of marihuana
53	53	possessed is 0.35 ounces or less;
54	54	(2) a Class B misdemeanor if the amount of marihuana
55	55	possessed is two ounces or less but more than 0.35 ounces;
56	56	(3) [(2)] a Class A misdemeanor if the amount of
57	57	marihuana possessed is four ounces or less but more than two ounces;
58	58	(4) [(3)] a state jail felony if the amount of
59	59	marihuana possessed is five pounds or less but more than four
60	60	ounces;
61	61	(5) [(4)] a felony of the third degree if the amount of
62	62	marihuana possessed is 50 pounds or less but more than 5 pounds;
63	63	(6) [(5)] a felony of the second degree if the amount
64	64	of marihuana possessed is 2,000 pounds or less but more than 50
65	65	pounds; and
66	66	(7) [(6)] punishable by imprisonment in the Texas
67	67	Department of Criminal Justice for life or for a term of not more
68	68	than 99 years or less than 5 years, and a fine not to exceed $50,000,
69	69	if the amount of marihuana possessed is more than 2,000 pounds.
70	70	SECTION 4. Section 481.126(a), Health and Safety Code, is
71	71	amended to read as follows:
72	72	(a) A person commits an offense if the person:
73	73	(1) barters property or expends funds the person knows
74	74	are derived from the commission of an offense under this chapter
75	75	punishable by imprisonment in the Texas Department of Criminal
76	76	Justice for life;
77	77	(2) barters property or expends funds the person knows
78	78	are derived from the commission of an offense under Section
79	79	481.121(a) that is punishable under Section 481.121(b)(6)
80	80	[481.121(b)(5)];
81	81	(3) barters property or finances or invests funds the
82	82	person knows or believes are intended to further the commission of
83	83	an offense for which the punishment is described by Subdivision
84	84	(1); or
85	85	(4) barters property or finances or invests funds the
86	86	person knows or believes are intended to further the commission of
87	87	an offense under Section 481.121(a) that is punishable under
88	88	Section 481.121(b)(6) [481.121(b)(5)].
89	89	SECTION 5. Section 481.134, Health and Safety Code, is
90	90	amended by amending Subsections (c), (d), (e), (f), and (g) and
91	91	adding Subsection (f-1) to read as follows:
92	92	(c) The minimum term of confinement or imprisonment for an
93	93	offense otherwise punishable under Section 481.112(c), (d), (e), or
94	94	(f), 481.1121(b)(2), (3), or (4), 481.113(c), (d), or (e),
95	95	481.114(c), (d), or (e), 481.115(c)-(f), 481.1151(b)(2), (3), (4),
96	96	or (5), 481.116(c), (d), or (e), 481.1161(b)(4), (5), or (6),
97	97	481.117(c), (d), or (e), 481.118(c), (d), or (e), 481.120(b)(4),
98	98	(5), or (6), or 481.121(b)(5), (6), or (7) [481.121(b)(4), (5), or
99	99	(6)] is increased by five years and the maximum fine for the offense
100	100	is doubled if it is shown on the trial of the offense that the
101	101	offense was committed:
102	102	(1) in, on, or within 1,000 feet of the premises of a
103	103	school, the premises of a public or private youth center, or a
104	104	playground; or
105	105	(2) on a school bus.
106	106	(d) An offense otherwise punishable under Section
107	107	481.112(b), 481.1121(b)(1), 481.113(b), 481.114(b), 481.115(b),
108	108	481.1151(b)(1), 481.116(b), 481.1161(b)(3), 481.120(b)(3), or
109	109	481.121(b)(4) [481.121(b)(3)] is a felony of the third degree if it
110	110	is shown on the trial of the offense that the offense was committed:
111	111	(1) in, on, or within 1,000 feet of any real property
112	112	that is owned, rented, or leased to a school or school board, the
113	113	premises of a public or private youth center, or a playground; or
114	114	(2) on a school bus.
115	115	(e) An offense otherwise punishable under Section
116	116	481.117(b), 481.119(a), 481.120(b)(2), or 481.121(b)(3)
117	117	[481.121(b)(2)] is a state jail felony if it is shown on the trial
118	118	of the offense that the offense was committed:
119	119	(1) in, on, or within 1,000 feet of any real property
120	120	that is owned, rented, or leased to a school or school board, the
121	121	premises of a public or private youth center, or a playground; or
122	122	(2) on a school bus.
123	123	(f) An offense otherwise punishable under Section
124	124	481.118(b), 481.119(b), 481.120(b)(1), or 481.121(b)(2)
125	125	[481.121(b)(1)] is a Class A misdemeanor if it is shown on the trial
126	126	of the offense that the offense was committed:
127	127	(1) in, on, or within 1,000 feet of any real property
128	128	that is owned, rented, or leased to a school or school board, the
129	129	premises of a public or private youth center, or a playground; or
130	130	(2) on a school bus.
131	131	(f-1) An offense otherwise punishable under Section
132	132	481.121(b)(1) is a Class B misdemeanor if it is shown on the trial
133	133	of the offense that the offense was committed:
134	134	(1) in, on, or within 1,000 feet of any real property
135	135	that is owned, rented, or leased to a school or school board, the
136	136	premises of a public or private youth center, or a playground; or
137	137	(2) on a school bus.
138	138	(g) Subsections (f) and (f-1) do [Subsection (f) does] not
139	139	apply to an offense if:
140	140	(1) the offense was committed inside a private
141	141	residence; and
142	142	(2) no minor was present in the private residence at
143	143	the time the offense was committed.
144	144	SECTION 6. Section 12.43(c), Penal Code, is amended to read
145	145	as follows:
146	146	(c) If it is shown on the trial of an offense punishable as a
147	147	Class C misdemeanor under Section 42.01 or 49.02, or under Section
148	148	481.121(b)(1), Health and Safety Code, that the defendant has
149	149	previously been convicted of any [been before convicted under
150	150	either] of those offenses [sections] three times or three times for
151	151	any combination of those offenses and each prior offense was
152	152	committed in the 24 months preceding the date of commission of the
153	153	instant offense, the defendant shall be punished by:
154	154	(1) a fine not to exceed $2,000;
155	155	(2) confinement in jail for a term not to exceed 180
156	156	days; or
157	157	(3) both such fine and confinement.
158	158	SECTION 7. The amendments of Sections 481.121 and 481.134,
159	159	Health and Safety Code, by this Act apply to an offense committed
160	160	under Section 481.121 or an offense committed under Section 481.121
161	161	and punishable under Section 481.134, Health and Safety Code,
162	162	before, on, or after September 1, 2017, except that a final
163	163	conviction for an offense that exists on September 1, 2017, is
164	164	unaffected by this Act.
165	165	SECTION 8. This Act takes effect September 1, 2017.