85R8527 LHC-D
By: Hinojosa S.B. No. 1461
A BILL TO BE ENTITLED
AN ACT
relating to the punishment for certain possession offenses under
the Texas Controlled Substances Act; changing eligibility for
community supervision.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 509.011, Government Code, is amended by
amending Subsections (a) and (b) to read as follows:
(a) If the division determines that a department complies
with division standards and if the department has submitted a
strategic plan under Section 509.007 and the supporting information
required by the division and the division determines the plan and
supporting information are acceptable, the division shall prepare
and submit to the comptroller vouchers for payment to the
department as follows:
(1) for per capita funding, a per diem amount for the
term of supervision for each [felony] defendant directly supervised
by the department pursuant to lawful authority for an offense
punishable as:
(A) a felony; or
(B) a Class A misdemeanor under Section 481.115,
481.1151, or 481.116, Health and Safety Code;
(2) for per capita funding, a per diem amount for a
period not to exceed 182 days for each defendant supervised by the
department pursuant to lawful authority for a misdemeanor
offense[,] other than an offense described by Subdivision (1)(B) [a
felony defendant]; and
(3) for formula funding, an annual amount as computed
by multiplying a percentage determined by the allocation formula
established under Subsection (f) times the total amount provided in
the General Appropriations Act for payments under this subdivision.
(b) The division may use discretionary grant funds to
further the purposes of this chapter by contracting for services
with state agencies or nonprofit organizations. The division may
also make discretionary grants to departments, municipalities, or
counties for the following purposes:
(1) development and operation of pretrial and
presentencing services;
(2) electronic monitoring services, surveillance
supervision programs, and controlled substances testing services;
(3) research projects to evaluate the effectiveness of
community corrections programs, if the research is conducted in
cooperation with the Criminal Justice Policy Council;
(4) contract services for felony defendants;
(5) residential services for misdemeanor defendants
who exhibit levels of risk or needs indicating a need for
confinement and treatment[, as described by Section 509.005(b)];
(6) establishment or operation of county correctional
centers under Subchapter H, Chapter 351, Local Government Code, or
community corrections facilities for which the division has
established standards under Section 509.006;
(7) development and operation of treatment
alternative to incarceration programs under Section 76.017; [and]
(8) other purposes determined appropriate by the
division and approved by the board; and
(9) to place defendants in pretrial intervention
programs to provide substance abuse treatment, aftercare, and
specialized pretrial supervision for defendants charged with an
offense punishable as a Class A misdemeanor under Section 481.115,
481.1151, or 481.116, Health and Safety Code.
SECTION 2. Section 481.113, Health and Safety Code, is
amended by amending Subsections (a) and (b) and adding Subsection
(b-1) to read as follows:
(a) Except as authorized by this chapter, a person commits
an offense if the person knowingly manufactures, delivers, or
possesses with intent to deliver a controlled substance listed in:
(1) Penalty Group 2; or
(2) Penalty Group 2-A.
(b) An offense under Subsection (a)(1) [(a)] is a state jail
felony if the amount of the controlled substance to which the
offense applies is, by aggregate weight, including adulterants or
dilutants, less than one gram.
(b-1) An offense under Subsection (a)(2) is a felony of the
third degree if the amount of the controlled substance to which the
offense applies is, by aggregate weight, including adulterants or
dilutants, less than one gram.
SECTION 3. Section 481.115(b), Health and Safety Code, is
amended to read as follows:
(b) An offense under Subsection (a) is a Class A misdemeanor
[state jail felony] if the amount of the controlled substance
possessed is, by aggregate weight, including adulterants or
dilutants, less than one gram.
SECTION 4. Section 481.1151(b), Health and Safety Code, is
amended to read as follows:
(b) An offense under this section is:
(1) a Class A misdemeanor [state jail felony] if the
number of abuse units of the controlled substance is fewer than 20;
(2) a felony of the third degree if the number of abuse
units of the controlled substance is 20 or more but fewer than 80;
(3) a felony of the second degree if the number of
abuse units of the controlled substance is 80 or more but fewer than
4,000;
(4) a felony of the first degree if the number of abuse
units of the controlled substance is 4,000 or more but fewer than
8,000; and
(5) punishable by imprisonment in the Texas Department
of Criminal Justice for life or for a term of not more than 99 years
or less than 15 years and a fine not to exceed $250,000, if the
number of abuse units of the controlled substance is 8,000 or more.
SECTION 5. Section 481.116(b), Health and Safety Code, is
amended to read as follows:
(b) An offense under Subsection (a) is a Class A misdemeanor
[state jail felony] if the amount of the controlled substance
possessed is, by aggregate weight, including adulterants or
dilutants, less than one gram.
SECTION 6. Article 42A.056, Code of Criminal Procedure, is
amended to read as follows:
Art. 42A.056. LIMITATION ON JURY-RECOMMENDED COMMUNITY
SUPERVISION. A defendant is not eligible for community supervision
under Article 42A.055 if the defendant:
(1) is sentenced to a term of imprisonment that
exceeds 10 years;
(2) is convicted of an offense [a state jail felony]
for which suspension of the imposition of the sentence occurs
automatically under Article 42A.551;
(3) is adjudged guilty of an offense under Section
19.02, Penal Code;
(4) is convicted of an offense under Section
21.11(a)(1), 22.011, or 22.021, Penal Code, if the victim of the
offense was younger than 14 years of age at the time the offense was
committed;
(5) is convicted of an offense under Section 20.04,
Penal Code, if:
(A) the victim of the offense was younger than 14
years of age at the time the offense was committed; and
(B) the actor committed the offense with the
intent to violate or abuse the victim sexually;
(6) is convicted of an offense under Section 20A.02,
43.05, or 43.25, Penal Code; or
(7) is convicted of an offense for which punishment is
increased under Section 481.134(c), (d), (e), or (f), Health and
Safety Code, if it is shown that the defendant has been previously
convicted of an offense for which punishment was increased under
any of those subsections.
SECTION 7. Articles 42A.551(a) and (c), Code of Criminal
Procedure, are amended to read as follows:
(a) Except as otherwise provided by Subsection (b) or (c),
on conviction of a state jail felony under Section [481.115(b),
481.1151(b)(1), 481.116(b),] 481.1161(b)(3), 481.121(b)(3), or
481.129(g)(1), Health and Safety Code, that is punished under
Section 12.35(a), Penal Code, the judge shall suspend the
imposition of the sentence and place the defendant on community
supervision.
(c) Subsection (a) does not apply to a defendant who:
(1) [under Section 481.1151(b)(1), Health and Safety
Code, possessed more than five abuse units of the controlled
substance;
[(2)] under Section 481.1161(b)(3), Health and Safety
Code, possessed more than one pound, by aggregate weight, including
adulterants or dilutants, of the controlled substance; or
(2) [(3)] under Section 481.121(b)(3), Health and
Safety Code, possessed more than one pound of marihuana.
SECTION 8. (a) Section 509.011(a), Government Code, as
amended by this Act, applies only to a payment to a community
supervision and corrections department based on a voucher submitted
to the comptroller on or after September 1, 2017.
(b) Except as provided by Subsection (c) of this section:
(1) the change in law made by this Act applies only to
an offense committed on or after the effective date of this Act; and
(2) an offense committed before the effective date of
this Act is governed by the law in effect on the date the offense was
committed, and the former law is continued in effect for that
purpose.
(c) In a criminal action pending on or commenced on or after
the effective date of this Act, for an offense under Section
481.115, 481.1151, or 481.116, Health and Safety Code, committed
before the effective date, the defendant, if adjudged guilty, shall
be assessed punishment under Section 481.115, 481.1151, or 481.116,
Health and Safety Code, as applicable, as amended by this Act, if
the defendant so elects by written motion filed with the trial court
before the sentencing hearing begins.
(d) For purposes of this section, an offense was committed
before the effective date of this Act if any element of the offense
occurred before that date.
(e) A defendant who elects by written motion to be assessed
punishment under Section 481.115, 481.1151, or 481.116, Health and
Safety Code, as applicable, as amended by this Act, is eligible for
treatment, supervision, and care in accordance with Sections
509.011(a) and (b), Government Code, as amended by this Act. A
community supervision and corrections department established under
Chapter 76, Government Code, is eligible to be paid for providing
the treatment, supervision, and care in accordance with Sections
509.011(a) and (b), Government Code, as amended by this Act. A
municipality, county, or community supervision and corrections
department established under Chapter 76, Government Code, may
provide treatment, supervision, and care to the defendant under a
grant made to the municipality, county, or department under Section
509.011(b), Government Code, as amended by this Act.
SECTION 9. This Act takes effect September 1, 2017, but only
if the 85th Legislature specifically includes a rider in the
General Appropriations Act or in the Supplemental Appropriations
Act that is contingent on this Act passing and becoming law, or that
notes this Act has passed and will become law, and that appropriates
money to implement the changes in law made by this Act to Section
509.011, Government Code, during the state fiscal biennium
beginning September 1, 2017. If the 85th Legislature does not
include such a rider in the General Appropriations Act or in the
Supplemental Appropriations Act, this Act has no effect.