Texas 2017 - 85th Regular

Texas Senate Bill SB1461 Compare Versions

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

Old	New	Differences
1	1	85R8527 LHC-D
2	2	By: Hinojosa S.B. No. 1461
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the punishment for certain possession offenses under
8	8	the Texas Controlled Substances Act; changing eligibility for
9	9	community supervision.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 509.011, Government Code, is amended by
12	12	amending Subsections (a) and (b) to read as follows:
13	13	(a) If the division determines that a department complies
14	14	with division standards and if the department has submitted a
15	15	strategic plan under Section 509.007 and the supporting information
16	16	required by the division and the division determines the plan and
17	17	supporting information are acceptable, the division shall prepare
18	18	and submit to the comptroller vouchers for payment to the
19	19	department as follows:
20	20	(1) for per capita funding, a per diem amount for the
21	21	term of supervision for each [felony] defendant directly supervised
22	22	by the department pursuant to lawful authority for an offense
23	23	punishable as:
24	24	(A) a felony; or
25	25	(B) a Class A misdemeanor under Section 481.115,
26	26	481.1151, or 481.116, Health and Safety Code;
27	27	(2) for per capita funding, a per diem amount for a
28	28	period not to exceed 182 days for each defendant supervised by the
29	29	department pursuant to lawful authority for a misdemeanor
30	30	offense[,] other than an offense described by Subdivision (1)(B) [a
31	31	felony defendant]; and
32	32	(3) for formula funding, an annual amount as computed
33	33	by multiplying a percentage determined by the allocation formula
34	34	established under Subsection (f) times the total amount provided in
35	35	the General Appropriations Act for payments under this subdivision.
36	36	(b) The division may use discretionary grant funds to
37	37	further the purposes of this chapter by contracting for services
38	38	with state agencies or nonprofit organizations. The division may
39	39	also make discretionary grants to departments, municipalities, or
40	40	counties for the following purposes:
41	41	(1) development and operation of pretrial and
42	42	presentencing services;
43	43	(2) electronic monitoring services, surveillance
44	44	supervision programs, and controlled substances testing services;
45	45	(3) research projects to evaluate the effectiveness of
46	46	community corrections programs, if the research is conducted in
47	47	cooperation with the Criminal Justice Policy Council;
48	48	(4) contract services for felony defendants;
49	49	(5) residential services for misdemeanor defendants
50	50	who exhibit levels of risk or needs indicating a need for
51	51	confinement and treatment[, as described by Section 509.005(b)];
52	52	(6) establishment or operation of county correctional
53	53	centers under Subchapter H, Chapter 351, Local Government Code, or
54	54	community corrections facilities for which the division has
55	55	established standards under Section 509.006;
56	56	(7) development and operation of treatment
57	57	alternative to incarceration programs under Section 76.017; [and]
58	58	(8) other purposes determined appropriate by the
59	59	division and approved by the board; and
60	60	(9) to place defendants in pretrial intervention
61	61	programs to provide substance abuse treatment, aftercare, and
62	62	specialized pretrial supervision for defendants charged with an
63	63	offense punishable as a Class A misdemeanor under Section 481.115,
64	64	481.1151, or 481.116, Health and Safety Code.
65	65	SECTION 2. Section 481.113, Health and Safety Code, is
66	66	amended by amending Subsections (a) and (b) and adding Subsection
67	67	(b-1) to read as follows:
68	68	(a) Except as authorized by this chapter, a person commits
69	69	an offense if the person knowingly manufactures, delivers, or
70	70	possesses with intent to deliver a controlled substance listed in:
71	71	(1) Penalty Group 2; or
72	72	(2) Penalty Group 2-A.
73	73	(b) An offense under Subsection (a)(1) [(a)] is a state jail
74	74	felony if the amount of the controlled substance to which the
75	75	offense applies is, by aggregate weight, including adulterants or
76	76	dilutants, less than one gram.
77	77	(b-1) An offense under Subsection (a)(2) is a felony of the
78	78	third degree if the amount of the controlled substance to which the
79	79	offense applies is, by aggregate weight, including adulterants or
80	80	dilutants, less than one gram.
81	81	SECTION 3. Section 481.115(b), Health and Safety Code, is
82	82	amended to read as follows:
83	83	(b) An offense under Subsection (a) is a Class A misdemeanor
84	84	[state jail felony] if the amount of the controlled substance
85	85	possessed is, by aggregate weight, including adulterants or
86	86	dilutants, less than one gram.
87	87	SECTION 4. Section 481.1151(b), Health and Safety Code, is
88	88	amended to read as follows:
89	89	(b) An offense under this section is:
90	90	(1) a Class A misdemeanor [state jail felony] if the
91	91	number of abuse units of the controlled substance is fewer than 20;
92	92	(2) a felony of the third degree if the number of abuse
93	93	units of the controlled substance is 20 or more but fewer than 80;
94	94	(3) a felony of the second degree if the number of
95	95	abuse units of the controlled substance is 80 or more but fewer than
96	96	4,000;
97	97	(4) a felony of the first degree if the number of abuse
98	98	units of the controlled substance is 4,000 or more but fewer than
99	99	8,000; and
100	100	(5) punishable by imprisonment in the Texas Department
101	101	of Criminal Justice for life or for a term of not more than 99 years
102	102	or less than 15 years and a fine not to exceed $250,000, if the
103	103	number of abuse units of the controlled substance is 8,000 or more.
104	104	SECTION 5. Section 481.116(b), Health and Safety Code, is
105	105	amended to read as follows:
106	106	(b) An offense under Subsection (a) is a Class A misdemeanor
107	107	[state jail felony] if the amount of the controlled substance
108	108	possessed is, by aggregate weight, including adulterants or
109	109	dilutants, less than one gram.
110	110	SECTION 6. Article 42A.056, Code of Criminal Procedure, is
111	111	amended to read as follows:
112	112	Art. 42A.056. LIMITATION ON JURY-RECOMMENDED COMMUNITY
113	113	SUPERVISION. A defendant is not eligible for community supervision
114	114	under Article 42A.055 if the defendant:
115	115	(1) is sentenced to a term of imprisonment that
116	116	exceeds 10 years;
117	117	(2) is convicted of an offense [a state jail felony]
118	118	for which suspension of the imposition of the sentence occurs
119	119	automatically under Article 42A.551;
120	120	(3) is adjudged guilty of an offense under Section
121	121	19.02, Penal Code;
122	122	(4) is convicted of an offense under Section
123	123	21.11(a)(1), 22.011, or 22.021, Penal Code, if the victim of the
124	124	offense was younger than 14 years of age at the time the offense was
125	125	committed;
126	126	(5) is convicted of an offense under Section 20.04,
127	127	Penal Code, if:
128	128	(A) the victim of the offense was younger than 14
129	129	years of age at the time the offense was committed; and
130	130	(B) the actor committed the offense with the
131	131	intent to violate or abuse the victim sexually;
132	132	(6) is convicted of an offense under Section 20A.02,
133	133	43.05, or 43.25, Penal Code; or
134	134	(7) is convicted of an offense for which punishment is
135	135	increased under Section 481.134(c), (d), (e), or (f), Health and
136	136	Safety Code, if it is shown that the defendant has been previously
137	137	convicted of an offense for which punishment was increased under
138	138	any of those subsections.
139	139	SECTION 7. Articles 42A.551(a) and (c), Code of Criminal
140	140	Procedure, are amended to read as follows:
141	141	(a) Except as otherwise provided by Subsection (b) or (c),
142	142	on conviction of a state jail felony under Section [481.115(b),
143	143	481.1151(b)(1), 481.116(b),] 481.1161(b)(3), 481.121(b)(3), or
144	144	481.129(g)(1), Health and Safety Code, that is punished under
145	145	Section 12.35(a), Penal Code, the judge shall suspend the
146	146	imposition of the sentence and place the defendant on community
147	147	supervision.
148	148	(c) Subsection (a) does not apply to a defendant who:
149	149	(1) [under Section 481.1151(b)(1), Health and Safety
150	150	Code, possessed more than five abuse units of the controlled
151	151	substance;
152	152	[(2)] under Section 481.1161(b)(3), Health and Safety
153	153	Code, possessed more than one pound, by aggregate weight, including
154	154	adulterants or dilutants, of the controlled substance; or
155	155	(2) [(3)] under Section 481.121(b)(3), Health and
156	156	Safety Code, possessed more than one pound of marihuana.
157	157	SECTION 8. (a) Section 509.011(a), Government Code, as
158	158	amended by this Act, applies only to a payment to a community
159	159	supervision and corrections department based on a voucher submitted
160	160	to the comptroller on or after September 1, 2017.
161	161	(b) Except as provided by Subsection (c) of this section:
162	162	(1) the change in law made by this Act applies only to
163	163	an offense committed on or after the effective date of this Act; and
164	164	(2) an offense committed before the effective date of
165	165	this Act is governed by the law in effect on the date the offense was
166	166	committed, and the former law is continued in effect for that
167	167	purpose.
168	168	(c) In a criminal action pending on or commenced on or after
169	169	the effective date of this Act, for an offense under Section
170	170	481.115, 481.1151, or 481.116, Health and Safety Code, committed
171	171	before the effective date, the defendant, if adjudged guilty, shall
172	172	be assessed punishment under Section 481.115, 481.1151, or 481.116,
173	173	Health and Safety Code, as applicable, as amended by this Act, if
174	174	the defendant so elects by written motion filed with the trial court
175	175	before the sentencing hearing begins.
176	176	(d) For purposes of this section, an offense was committed
177	177	before the effective date of this Act if any element of the offense
178	178	occurred before that date.
179	179	(e) A defendant who elects by written motion to be assessed
180	180	punishment under Section 481.115, 481.1151, or 481.116, Health and
181	181	Safety Code, as applicable, as amended by this Act, is eligible for
182	182	treatment, supervision, and care in accordance with Sections
183	183	509.011(a) and (b), Government Code, as amended by this Act. A
184	184	community supervision and corrections department established under
185	185	Chapter 76, Government Code, is eligible to be paid for providing
186	186	the treatment, supervision, and care in accordance with Sections
187	187	509.011(a) and (b), Government Code, as amended by this Act. A
188	188	municipality, county, or community supervision and corrections
189	189	department established under Chapter 76, Government Code, may
190	190	provide treatment, supervision, and care to the defendant under a
191	191	grant made to the municipality, county, or department under Section
192	192	509.011(b), Government Code, as amended by this Act.
193	193	SECTION 9. This Act takes effect September 1, 2017, but only
194	194	if the 85th Legislature specifically includes a rider in the
195	195	General Appropriations Act or in the Supplemental Appropriations
196	196	Act that is contingent on this Act passing and becoming law, or that
197	197	notes this Act has passed and will become law, and that appropriates
198	198	money to implement the changes in law made by this Act to Section
199	199	509.011, Government Code, during the state fiscal biennium
200	200	beginning September 1, 2017. If the 85th Legislature does not
201	201	include such a rider in the General Appropriations Act or in the
202	202	Supplemental Appropriations Act, this Act has no effect.