Texas 2017 - 85th 1st C.S.

Texas House Bill HB241 Compare Versions

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

Old	New	Differences
1	1	85S10679 LHC-D
2	2	By: Thompson of Harris H.B. No. 241
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the penalty for certain offenders for possession of a
8	8	small amount of certain controlled substances.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 481.115(b), Health and Safety Code, is
11	11	amended to read as follows:
12	12	(b) An offense under Subsection (a) is a Class A misdemeanor
13	13	[state jail felony] if the amount of the controlled substance
14	14	possessed is, by aggregate weight, including adulterants or
15	15	dilutants, less than one gram.
16	16	SECTION 2. Section 481.1151(b), Health and Safety Code, is
17	17	amended to read as follows:
18	18	(b) An offense under this section is:
19	19	(1) a Class A misdemeanor [state jail felony] if the
20	20	number of abuse units of the controlled substance is fewer than 20;
21	21	(2) a felony of the third degree if the number of abuse
22	22	units of the controlled substance is 20 or more but fewer than 80;
23	23	(3) a felony of the second degree if the number of
24	24	abuse units of the controlled substance is 80 or more but fewer than
25	25	4,000;
26	26	(4) a felony of the first degree if the number of abuse
27	27	units of the controlled substance is 4,000 or more but fewer than
28	28	8,000; and
29	29	(5) punishable by imprisonment in the Texas Department
30	30	of Criminal Justice for life or for a term of not more than 99 years
31	31	or less than 15 years and a fine not to exceed $250,000, if the
32	32	number of abuse units of the controlled substance is 8,000 or more.
33	33	SECTION 3. Section 481.116(b), Health and Safety Code, is
34	34	amended to read as follows:
35	35	(b) An offense under Subsection (a) is a Class A misdemeanor
36	36	[state jail felony] if the amount of the controlled substance
37	37	possessed is, by aggregate weight, including adulterants or
38	38	dilutants, less than one gram.
39	39	SECTION 4. Section 481.134(d), Health and Safety Code, is
40	40	amended to read as follows:
41	41	(d) An offense otherwise punishable under Section
42	42	481.112(b), 481.1121(b)(1), 481.113(b), 481.114(b), [481.115(b),
43	43	481.1151(b)(1), 481.116(b),] 481.1161(b)(3), 481.120(b)(3), or
44	44	481.121(b)(3) is a felony of the third degree if it is shown on the
45	45	trial of the offense that the offense was committed:
46	46	(1) in, on, or within 1,000 feet of any real property
47	47	that is owned, rented, or leased to a school or school board, the
48	48	premises of a public or private youth center, or a playground; or
49	49	(2) on a school bus.
50	50	SECTION 5. Subchapter K, Chapter 42A, Code of Criminal
51	51	Procedure, is amended by adding Article 42A.515 to read as follows:
52	52	Art. 42A.515. COMMUNITY SUPERVISION FOR CERTAIN DRUG
53	53	OFFENSES; EDUCATIONAL PROGRAM. A judge who grants community
54	54	supervision to a person convicted of a Class A misdemeanor under
55	55	Section 481.115(b), 481.1151(b)(1), 481.116(b), or 481.1161(b)(2),
56	56	Health and Safety Code, may require, as a condition of community
57	57	supervision, that the person successfully complete an educational
58	58	program on substance abuse awareness approved by the Department of
59	59	State Health Services.
60	60	SECTION 6. Articles 42A.551(a) and (c), Code of Criminal
61	61	Procedure, are amended to read as follows:
62	62	(a) Except as otherwise provided by Subsection (b) or (c),
63	63	on conviction of a state jail felony under Section [481.115(b),
64	64	481.1151(b)(1), 481.116(b),] 481.1161(b)(3), 481.121(b)(3), or
65	65	481.129(g)(1), Health and Safety Code, that is punished under
66	66	Section 12.35(a), Penal Code, the judge shall suspend the
67	67	imposition of the sentence and place the defendant on community
68	68	supervision.
69	69	(c) Subsection (a) does not apply to a defendant who:
70	70	(1) [under Section 481.1151(b)(1), Health and Safety
71	71	Code, possessed more than five abuse units of the controlled
72	72	substance;
73	73	[(2)] under Section 481.1161(b)(3), Health and Safety
74	74	Code, possessed more than one pound, by aggregate weight, including
75	75	adulterants or dilutants, of the controlled substance; or
76	76	(2) [(3)] under Section 481.121(b)(3), Health and
77	77	Safety Code, possessed more than one pound of marihuana.
78	78	SECTION 7. The change in law made by this Act applies only
79	79	to an offense committed on or after the effective date of this Act.
80	80	An offense committed before the effective date of this Act is
81	81	governed by the law in effect on the date the offense was committed,
82	82	and the former law is continued in effect for that purpose. For
83	83	purposes of this section, an offense was committed before the
84	84	effective date of this Act if any element of the offense was
85	85	committed before that date.
86	86	SECTION 8. This Act takes effect December 1, 2017.