Texas 2017 - 85th Regular

Texas Senate Bill SB170 Compare Versions

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

Old	New	Differences
1	1	85R1455 JSC-D
2	2	By: Rodríguez S.B. No. 170
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to a civil action to collect a civil penalty for possession
8	8	of certain small amounts of marihuana and an exception to
9	9	prosecution for possession of associated drug paraphernalia.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 481.121(b), Health and Safety Code, is
12	12	amended to read as follows:
13	13	(b) An offense under Subsection (a) is:
14	14	(1) a Class B misdemeanor if the amount of marihuana
15	15	possessed is two ounces or less but more than one ounce;
16	16	(2) a Class A misdemeanor if the amount of marihuana
17	17	possessed is four ounces or less but more than two ounces;
18	18	(3) a state jail felony if the amount of marihuana
19	19	possessed is five pounds or less but more than four ounces;
20	20	(4) a felony of the third degree if the amount of
21	21	marihuana possessed is 50 pounds or less but more than 5 pounds;
22	22	(5) a felony of the second degree if the amount of
23	23	marihuana possessed is 2,000 pounds or less but more than 50 pounds;
24	24	and
25	25	(6) punishable by imprisonment in the Texas Department
26	26	of Criminal Justice for life or for a term of not more than 99 years
27	27	or less than 5 years, and a fine not to exceed $50,000, if the amount
28	28	of marihuana possessed is more than 2,000 pounds.
29	29	SECTION 2. Subchapter D, Chapter 481, Health and Safety
30	30	Code, is amended by adding Section 481.1211 to read as follows:
31	31	Sec. 481.1211. CIVIL PENALTY: POSSESSION OF SMALL AMOUNT OF
32	32	MARIHUANA. (a) A person who knowingly or intentionally possesses a
33	33	usable quantity of marihuana in an amount that is one ounce or less
34	34	is liable to the state for a civil penalty not to exceed $250.
35	35	(b) The imposition of a civil penalty under this section is
36	36	not a conviction and may not be considered a conviction for any
37	37	purpose.
38	38	(c) A peace officer may not make an arrest solely because of
39	39	a violation of this section. A peace officer may issue to a person
40	40	who violates this section a citation that contains written notice
41	41	of the time and place the person must appear before a justice court,
42	42	the name and address of the person charged, and the civil violation
43	43	charged.
44	44	(d) The district or county attorney of the county in which
45	45	the conduct described by Subsection (a) is alleged to have occurred
46	46	may bring an action in the justice court of the county to collect
47	47	the civil penalty of a person who receives a citation under this
48	48	section.
49	49	(e) A civil action under this section shall be conducted in
50	50	the manner provided by Chapter 45, Code of Criminal Procedure, as if
51	51	an offense were charged, except that:
52	52	(1) the court may not:
53	53	(A) issue an arrest warrant under Article 45.014,
54	54	Code of Criminal Procedure; or
55	55	(B) require the person liable for a civil penalty
56	56	to give bail under Article 45.016, Code of Criminal Procedure;
57	57	(2) a citation issued under this section is considered
58	58	to be a sufficient complaint for purposes of Articles 45.018 and
59	59	45.019, Code of Criminal Procedure, if the citation is filed with
60	60	the court by a district or county attorney; and
61	61	(3) a person liable for a civil penalty under this
62	62	section may not appeal under Article 45.042, Code of Criminal
63	63	Procedure.
64	64	(f)(1) Before imposing a civil penalty under this section,
65	65	the court shall determine whether the person subject to the penalty
66	66	is indigent. If the court determines the person is indigent, the
67	67	court shall waive the penalty and may order the person to complete
68	68	not more than 10 hours of community service.
69	69	(2) Subsections (i) and (j) apply to a person for whom
70	70	a court waives a penalty under Subdivision (1).
71	71	(g) The court may waive or reduce the civil penalty for a
72	72	person other than a person described by Subsection (f) if:
73	73	(1) the person subject to a civil penalty under this
74	74	section attends a program that provides education in substance
75	75	abuse and is approved by the Department of State Health Services or
76	76	the Texas Department of Public Safety; or
77	77	(2) the person performs not more than 10 hours of
78	78	community service, as ordered by the court.
79	79	(h) The court may issue a capias for the arrest of a person
80	80	who fails to appear or to make payment, as directed by a citation
81	81	issued under this section.
82	82	(i) Law enforcement may seize any marihuana in possession of
83	83	a person subject to a civil penalty under this section. If marihuana
84	84	is seized under this section, law enforcement shall preserve the
85	85	marihuana as if the marihuana were evidence of an offense under this
86	86	chapter pending the final resolution of a civil proceeding under
87	87	this section. After final resolution of a civil proceeding under
88	88	this section, any marihuana seized is subject to forfeiture and
89	89	shall be disposed of in accordance with Section 481.159.
90	90	(j) The identity of a person cited or found liable for a
91	91	civil penalty under this section is confidential information under
92	92	Section 552.101, Government Code.
93	93	SECTION 3. Section 481.125, Health and Safety Code, is
94	94	amended by adding Subsection (g) to read as follows:
95	95	(g) It is a defense to prosecution under this section that
96	96	drug paraphernalia was knowingly or intentionally used, possessed,
97	97	or delivered solely in furtherance of a violation of Section
98	98	481.1211.
99	99	SECTION 4. Section 51.03(a), Family Code, is amended to
100	100	read as follows:
101	101	(a) Delinquent conduct is:
102	102	(1) conduct, other than a traffic offense, that
103	103	violates a penal law of this state or of the United States
104	104	punishable by imprisonment or by confinement in jail;
105	105	(2) conduct that violates a lawful order of a court
106	106	under circumstances that would constitute contempt of that court
107	107	in:
108	108	(A) a justice or municipal court;
109	109	(B) a county court for conduct punishable only by
110	110	a fine; or
111	111	(C) a truancy court;
112	112	(3) conduct that violates Section 49.04, 49.05, 49.06,
113	113	49.07, or 49.08, Penal Code; [or]
114	114	(4) conduct that violates Section 106.041, Alcoholic
115	115	Beverage Code, relating to driving under the influence of alcohol
116	116	by a minor (third or subsequent offense); or
117	117	(5) conduct for which a person is subject to a civil
118	118	penalty under Section 481.1211, Health and Safety Code.
119	119	SECTION 5. Section 118.124, Local Government Code, is
120	120	amended to read as follows:
121	121	Sec. 118.124. PROHIBITED FEES. A justice of the peace is
122	122	not entitled to a fee for:
123	123	(1) the examination of a paper or record in the
124	124	justice's office;
125	125	(2) filing any process or document the justice issues
126	126	that is returned to court;
127	127	(3) a motion or judgment on a motion for security for
128	128	costs;
129	129	(4) taking or approving a bond for costs; [or]
130	130	(5) the first copy of a document in a criminal case
131	131	issued to:
132	132	(A) a criminal defendant in the case;
133	133	(B) an attorney representing a criminal
134	134	defendant in the case; or
135	135	(C) a prosecuting attorney; or
136	136	(6) the filing of a civil action by the state under
137	137	Section 481.1211, Health and Safety Code.
138	138	SECTION 6. The changes in law made by this Act apply only to
139	139	a violation of law that occurs on or after the effective date of
140	140	this Act. A violation that occurs before the effective date of this
141	141	Act is governed by the law in effect on the date the violation
142	142	occurred, and the former law is continued in effect for that
143	143	purpose. For purposes of this section, a violation of law occurred
144	144	before the effective date of this Act if any element of the
145	145	violation occurred before that date.
146	146	SECTION 7. This Act takes effect September 1, 2017.