Texas 2019 - 86th Regular

Texas House Bill HB1206 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		86R7420 JSC-F
2		-	By: Cole, Allen, Thierry, Rodriguez, Guillen, H.B. No. 1206
3		-	et al.
	2	+	By: Cole H.B. No. 1206
4	3
5	4
6	5		A BILL TO BE ENTITLED
7	6		AN ACT
8	7		relating to the prosecution of and penalties for possession of
9	8		marihuana.
10	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	10		SECTION 1. Section 481.121(b), Health and Safety Code, is
12	11		amended to read as follows:
13	12		(b) An offense under Subsection (a) is:
14	13		(1) a Class C [B] misdemeanor if the amount of
15	14		marihuana possessed is two ounces or less;
16	15		(2) a Class B [A] misdemeanor if the amount of
17	16		marihuana possessed is four ounces or less but more than two ounces;
18	17		(3) a Class A misdemeanor [state jail felony] if the
19	18		amount of marihuana possessed is five pounds or less but more than
20	19		four ounces;
21	20		(4) a state jail felony [of the third degree] if the
22	21		amount of marihuana possessed is 50 pounds or less but more than 5
23	22		pounds;
24	23		(5) a felony of the third [second] degree if the amount
25	24		of marihuana possessed is 2,000 pounds or less but more than 50
26	25		pounds; and
27	26		(6) a felony of the second degree [punishable by
28	27		imprisonment in the Texas Department of Criminal Justice for life
29	28		or for a term of not more than 99 years or less than 5 years, and a
30	29		fine not to exceed $50,000,] if the amount of marihuana possessed is
31	30		more than 2,000 pounds.
32	31		SECTION 2. Section 481.126(a), Health and Safety Code, is
33	32		amended to read as follows:
34	33		(a) A person commits an offense if the person:
35	34		(1) barters property or expends funds the person knows
36	35		are derived from the commission of an offense under this chapter
37	36		punishable by imprisonment in the Texas Department of Criminal
38	37		Justice for life;
39	38		(2) barters property or expends funds the person knows
40	39		are derived from the commission of an offense under Section
41	40		481.121(a) that is punishable under Section 481.121(b)(6)
42	41		[481.121(b)(5)];
43	42		(3) barters property or finances or invests funds the
44	43		person knows or believes are intended to further the commission of
45	44		an offense for which the punishment is described by Subdivision
46	45		(1); or
47	46		(4) barters property or finances or invests funds the
48	47		person knows or believes are intended to further the commission of
49	48		an offense under Section 481.121(a) that is punishable under
50	49		Section 481.121(b)(6) [481.121(b)(5)].
51	50		SECTION 3. Sections 481.134(c), (d), (e), and (f), Health
52	51		and Safety Code, are amended to read as follows:
53	52		(c) The minimum term of confinement or imprisonment for an
54	53		offense otherwise punishable under Section 481.112(c), (d), (e), or
55	54		(f), 481.1121(b)(2), (3), or (4), 481.113(c), (d), or (e),
56	55		481.114(c), (d), or (e), 481.115(c)-(f), 481.1151(b)(2), (3), (4),
57	56		or (5), 481.116(c), (d), or (e), 481.1161(b)(4), (5), or (6),
58	57		481.117(c), (d), or (e), 481.118(c), (d), or (e), 481.120(b)(4),
59	58		(5), or (6), or 481.121(b)(5) or (6) [481.121(b)(4), (5), or (6)] is
60	59		increased by five years and the maximum fine for the offense is
61	60		doubled if it is shown on the trial of the offense that the offense
62	61		was committed:
63	62		(1) in, on, or within 1,000 feet of the premises of a
64	63		school, the premises of a public or private youth center, or a
65	64		playground; or
66	65		(2) on a school bus.
67	66		(d) An offense otherwise punishable under Section
68	67		481.112(b), 481.1121(b)(1), 481.113(b), 481.114(b), 481.115(b),
69	68		481.1151(b)(1), 481.116(b), 481.1161(b)(3), 481.120(b)(3), or
70	69		481.121(b)(4) [481.121(b)(3)] is a felony of the third degree if it
71	70		is shown on the trial of the offense that the offense was committed:
72	71		(1) in, on, or within 1,000 feet of any real property
73	72		that is owned, rented, or leased to a school or school board, the
74	73		premises of a public or private youth center, or a playground; or
75	74		(2) on a school bus.
76	75		(e) An offense otherwise punishable under Section
77	76		481.117(b), 481.119(a), 481.120(b)(2), or 481.121(b)(3)
78	77		[481.121(b)(2)] is a state jail felony if it is shown on the trial
79	78		of the offense that the offense was committed:
80	79		(1) in, on, or within 1,000 feet of any real property
81	80		that is owned, rented, or leased to a school or school board, the
82	81		premises of a public or private youth center, or a playground; or
83	82		(2) on a school bus.
84	83		(f) An offense otherwise punishable under Section
85	84		481.118(b), 481.119(b), 481.120(b)(1), or 481.121(b)(2)
86	85		[481.121(b)(1)] is a Class A misdemeanor if it is shown on the trial
87	86		of the offense that the offense was committed:
88	87		(1) in, on, or within 1,000 feet of any real property
89	88		that is owned, rented, or leased to a school or school board, the
90	89		premises of a public or private youth center, or a playground; or
91	90		(2) on a school bus.
92	91		SECTION 4. Article 14.06(d), Code of Criminal Procedure, is
93	92		amended to read as follows:
94	93		(d) Subsection (c) applies only to a person charged with
95	94		committing an offense under:
96	95		(1) Section 481.121, Health and Safety Code, if the
97	96		offense is punishable under Subsection (b)(2) or (3) [(b)(1) or
98	97		(2)] of that section;
99	98		(1-a) Section 481.1161, Health and Safety Code, if the
100	99		offense is punishable under Subsection (b)(1) or (2) of that
101	100		section;
102	101		(2) Section 28.03, Penal Code, if the offense is
103	102		punishable under Subsection (b)(2) of that section;
104	103		(3) Section 28.08, Penal Code, if the offense is
105	104		punishable under Subsection (b)(2) or (3) of that section;
106	105		(4) Section 31.03, Penal Code, if the offense is
107	106		punishable under Subsection (e)(2)(A) of that section;
108	107		(5) Section 31.04, Penal Code, if the offense is
109	108		punishable under Subsection (e)(2) of that section;
110	109		(6) Section 38.114, Penal Code, if the offense is
111	110		punishable as a Class B misdemeanor; or
112	111		(7) Section 521.457, Transportation Code.
113	112		SECTION 5. Articles 42A.551(a) and (c), Code of Criminal
114	113		Procedure, are amended to read as follows:
115	114		(a) Except as otherwise provided by Subsection (b) or (c),
116	115		on conviction of a state jail felony under Section 481.115(b),
117	116		481.1151(b)(1), 481.116(b), 481.1161(b)(3), 481.121(b)(4)
118	117		[481.121(b)(3)], or 481.129(g)(1), Health and Safety Code, that is
119	118		punished under Section 12.35(a), Penal Code, the judge shall
120	119		suspend the imposition of the sentence and place the defendant on
121	120		community supervision.
122	121		(c) Subsection (a) does not apply to a defendant who:
123	122		(1) under Section 481.1151(b)(1), Health and Safety
124	123		Code, possessed more than five abuse units of the controlled
125	124		substance; or
126	125		(2) under Section 481.1161(b)(3), Health and Safety
127	126		Code, possessed more than one pound, by aggregate weight, including
128	127		adulterants or dilutants, of the controlled substance[; or
129	128		[(3) under Section 481.121(b)(3), Health and Safety
130	129		Code, possessed more than one pound of marihuana].
131	130		SECTION 6. Section 411.0728(a), Government Code, is amended
132	131		to read as follows:
133	132		(a) This section applies only to a person:
134	133		(1) who is placed on community supervision under
135	134		Chapter 42A, Code of Criminal Procedure, after conviction for an
136	135		offense under:
137	136		(A) Section 481.120, Health and Safety Code, if
138	137		the offense is punishable under Subsection (b)(1);
139	138		(B) Section 481.121, Health and Safety Code, if
140	139		the offense is punishable under Subsection (b)(2) [(b)(1)];
141	140		(C) Section 31.03, Penal Code, if the offense is
142	141		punishable under Subsection (e)(1) or (2);
143	142		(D) Section 43.02, Penal Code; or
144	143		(E) Section 43.03(a)(2), Penal Code, if the
145	144		offense is punishable as a Class A misdemeanor; and
146	145		(2) with respect to whom the conviction is
147	146		subsequently set aside by the court under Article 42A.701, Code of
148	147		Criminal Procedure.
149	148		SECTION 7. The change in law made by this Act applies only
150	149		to an offense committed on or after the effective date of this Act.
151	150		An offense committed before the effective date of this Act is
152	151		governed by the law in effect on the date the offense was committed,
153	152		and the former law is continued in effect for that purpose. For
154	153		purposes of this section, an offense was committed before the
155	154		effective date of this Act if any element of the offense was
156	155		committed before that date.
157	156		SECTION 8. This Act takes effect September 1, 2019.