Texas 2017 - 85th Regular

Texas House Bill HB82 Compare Versions

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

Old	New	Differences
1	1	85R321 JSC-D
2	2	By: Dutton H.B. No. 82
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the penalties for possession of one ounce or less of
8	8	marihuana and eligibility for placement on community supervision or
9	9	on deferred adjudication community supervision for that offense.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 481.121, Health and Safety Code, is
12	12	amended by amending Subsection (b) and adding Subsections (c) and
13	13	(d) to read as follows:
14	14	(b) An offense under Subsection (a) is:
15	15	(1) a Class C misdemeanor if the amount of marihuana
16	16	possessed is one ounce or less, except as provided by Subsection
17	17	(c);
18	18	(2) a Class B misdemeanor if the amount of marihuana
19	19	possessed is two ounces or less but more than one ounce;
20	20	(3) [(2)] a Class A misdemeanor if the amount of
21	21	marihuana possessed is four ounces or less but more than two ounces;
22	22	(4) [(3)] a state jail felony if the amount of
23	23	marihuana possessed is five pounds or less but more than four
24	24	ounces;
25	25	(5) [(4)] a felony of the third degree if the amount of
26	26	marihuana possessed is 50 pounds or less but more than 5 pounds;
27	27	(6) [(5)] a felony of the second degree if the amount
28	28	of marihuana possessed is 2,000 pounds or less but more than 50
29	29	pounds; and
30	30	(7) [(6)] punishable by imprisonment in the Texas
31	31	Department of Criminal Justice for life or for a term of not more
32	32	than 99 years or less than 5 years, and a fine not to exceed $50,000,
33	33	if the amount of marihuana possessed is more than 2,000 pounds.
34	34	(c) An offense under Subsection (b)(1) is a Class B
35	35	misdemeanor if it is shown on the trial of the offense that the
36	36	defendant has been previously convicted three or more times of an
37	37	offense involving the possession of marihuana and each prior
38	38	offense was committed within the 24-month period preceding the date
39	39	of the commission of the instant offense. For purposes of this
40	40	subsection, "offense involving the possession of marihuana" means
41	41	an offense under this section or an offense under the laws of
42	42	another state that contains elements substantially similar to the
43	43	elements of an offense under this section.
44	44	(d) A defendant convicted of an offense punishable under
45	45	Subsection (c) is not eligible for community supervision under
46	46	Chapter 42A, Code of Criminal Procedure.
47	47	SECTION 2. Section 481.126(a), Health and Safety Code, is
48	48	amended to read as follows:
49	49	(a) A person commits an offense if the person:
50	50	(1) barters property or expends funds the person knows
51	51	are derived from the commission of an offense under this chapter
52	52	punishable by imprisonment in the Texas Department of Criminal
53	53	Justice for life;
54	54	(2) barters property or expends funds the person knows
55	55	are derived from the commission of an offense under Section
56	56	481.121(a) that is punishable under Section 481.121(b)(6)
57	57	[481.121(b)(5)];
58	58	(3) barters property or finances or invests funds the
59	59	person knows or believes are intended to further the commission of
60	60	an offense for which the punishment is described by Subdivision
61	61	(1); or
62	62	(4) barters property or finances or invests funds the
63	63	person knows or believes are intended to further the commission of
64	64	an offense under Section 481.121(a) that is punishable under
65	65	Section 481.121(b)(6) [481.121(b)(5)].
66	66	SECTION 3. Sections 481.134(c), (d), (e), and (f), Health
67	67	and Safety Code, are amended to read as follows:
68	68	(c) The minimum term of confinement or imprisonment for an
69	69	offense otherwise punishable under Section 481.112(c), (d), (e), or
70	70	(f), 481.1121(b)(2), (3), or (4), 481.113(c), (d), or (e),
71	71	481.114(c), (d), or (e), 481.115(c)-(f), 481.1151(b)(2), (3), (4),
72	72	or (5), 481.116(c), (d), or (e), 481.1161(b)(4), (5), or (6),
73	73	481.117(c), (d), or (e), 481.118(c), (d), or (e), 481.120(b)(4),
74	74	(5), or (6), or 481.121(b)(5), (6), or (7) [481.121(b)(4), (5), or
75	75	(6)] is increased by five years and the maximum fine for the offense
76	76	is doubled if it is shown on the trial of the offense that the
77	77	offense was committed:
78	78	(1) in, on, or within 1,000 feet of the premises of a
79	79	school, the premises of a public or private youth center, or a
80	80	playground; or
81	81	(2) on a school bus.
82	82	(d) An offense otherwise punishable under Section
83	83	481.112(b), 481.1121(b)(1), 481.113(b), 481.114(b), 481.115(b),
84	84	481.1151(b)(1), 481.116(b), 481.1161(b)(3), 481.120(b)(3), or
85	85	481.121(b)(4) [481.121(b)(3)] is a felony of the third degree if it
86	86	is shown on the trial of the offense that the offense was committed:
87	87	(1) in, on, or within 1,000 feet of any real property
88	88	that is owned, rented, or leased to a school or school board, the
89	89	premises of a public or private youth center, or a playground; or
90	90	(2) on a school bus.
91	91	(e) An offense otherwise punishable under Section
92	92	481.117(b), 481.119(a), 481.120(b)(2), or 481.121(b)(3)
93	93	[481.121(b)(2)] is a state jail felony if it is shown on the trial
94	94	of the offense that the offense was committed:
95	95	(1) in, on, or within 1,000 feet of any real property
96	96	that is owned, rented, or leased to a school or school board, the
97	97	premises of a public or private youth center, or a playground; or
98	98	(2) on a school bus.
99	99	(f) An offense otherwise punishable under Section
100	100	481.118(b), 481.119(b), 481.120(b)(1), or 481.121(b)(1), (b)(2),
101	101	or (c) is a Class A misdemeanor if it is shown on the trial of the
102	102	offense that the offense was committed:
103	103	(1) in, on, or within 1,000 feet of any real property
104	104	that is owned, rented, or leased to a school or school board, the
105	105	premises of a public or private youth center, or a playground; or
106	106	(2) on a school bus.
107	107	SECTION 4. Article 14.06(d), Code of Criminal Procedure, is
108	108	amended to read as follows:
109	109	(d) Subsection (c) applies only to a person charged with
110	110	committing an offense under:
111	111	(1) Section 481.121, Health and Safety Code, if the
112	112	offense is punishable under Subsection (b)(2), (b)(3), or (c)
113	113	[(b)(1) or (2)] of that section;
114	114	(1-a) Section 481.1161, Health and Safety Code, if the
115	115	offense is punishable under Subsection (b)(1) or (2) of that
116	116	section;
117	117	(2) Section 28.03, Penal Code, if the offense is
118	118	punishable under Subsection (b)(2) of that section;
119	119	(3) Section 28.08, Penal Code, if the offense is
120	120	punishable under Subsection (b)(2) or (3) of that section;
121	121	(4) Section 31.03, Penal Code, if the offense is
122	122	punishable under Subsection (e)(2)(A) of that section;
123	123	(5) Section 31.04, Penal Code, if the offense is
124	124	punishable under Subsection (e)(2) of that section;
125	125	(6) Section 38.114, Penal Code, if the offense is
126	126	punishable as a Class B misdemeanor; or
127	127	(7) Section 521.457, Transportation Code.
128	128	SECTION 5. Articles 42A.551(a) and (c), Code of Criminal
129	129	Procedure, are amended to read as follows:
130	130	(a) Except as otherwise provided by Subsection (b) or (c),
131	131	on conviction of a state jail felony under Section 481.115(b),
132	132	481.1151(b)(1), 481.116(b), 481.1161(b)(3), 481.121(b)(4)
133	133	[481.121(b)(3)], or 481.129(g)(1), Health and Safety Code, that is
134	134	punished under Section 12.35(a), Penal Code, the judge shall
135	135	suspend the imposition of the sentence and place the defendant on
136	136	community supervision.
137	137	(c) Subsection (a) does not apply to a defendant who:
138	138	(1) under Section 481.1151(b)(1), Health and Safety
139	139	Code, possessed more than five abuse units of the controlled
140	140	substance;
141	141	(2) under Section 481.1161(b)(3), Health and Safety
142	142	Code, possessed more than one pound, by aggregate weight, including
143	143	adulterants or dilutants, of the controlled substance; or
144	144	(3) under Section 481.121(b)(4) [481.121(b)(3)],
145	145	Health and Safety Code, possessed more than one pound of marihuana.
146	146	SECTION 6. Article 45.051, Code of Criminal Procedure, is
147	147	amended by adding Subsection (h) to read as follows:
148	148	(h) This subsection applies only to a defendant charged with
149	149	an offense under Section 481.121, Health and Safety Code, who is
150	150	granted a deferral under Subsection (a). In addition to any other
151	151	requirement, the judge shall, during the deferral period, require
152	152	that the defendant successfully complete a drug abuse awareness and
153	153	education program approved by the Department of State Health
154	154	Services.
155	155	SECTION 7. The changes in law made by this Act apply only to
156	156	an offense committed on or after the effective date of this Act. An
157	157	offense committed before the effective date of this Act is governed
158	158	by the law in effect on the date the offense was committed, and the
159	159	former law is continued in effect for that purpose. For purposes of
160	160	this section, an offense was committed before the effective date of
161	161	this Act if any element of the offense was committed before that
162	162	date.
163	163	SECTION 8. This Act takes effect September 1, 2017.