Texas 2019 - 86th Regular

Texas House Bill HB1719 Compare Versions

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

Old	New	Differences
1	1	86R11005 JSC-D
2	2	By: Thompson of Harris H.B. No. 1719
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the penalties for the possession of small amounts of
8	8	Penalty Group 1 controlled substances and marihuana.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Article 14.06(d), Code of Criminal Procedure, is
11	11	amended to read as follows:
12	12	(d) Subsection (c) applies only to a person charged with
13	13	committing an offense under:
14	14	(1) Section 481.121, Health and Safety Code, if the
15	15	offense is punishable under Subsection (b)(2) [(b)(1) or (2)] of
16	16	that section;
17	17	(1-a) Section 481.1161, Health and Safety Code, if the
18	18	offense is punishable under Subsection (b)(1) or (2) of that
19	19	section;
20	20	(2) Section 28.03, Penal Code, if the offense is
21	21	punishable under Subsection (b)(2) of that section;
22	22	(3) Section 28.08, Penal Code, if the offense is
23	23	punishable under Subsection (b)(2) or (3) of that section;
24	24	(4) Section 31.03, Penal Code, if the offense is
25	25	punishable under Subsection (e)(2)(A) of that section;
26	26	(5) Section 31.04, Penal Code, if the offense is
27	27	punishable under Subsection (e)(2) of that section;
28	28	(6) Section 38.114, Penal Code, if the offense is
29	29	punishable as a Class B misdemeanor; or
30	30	(7) Section 521.457, Transportation Code.
31	31	SECTION 2. Section 481.115(b), Health and Safety Code, is
32	32	amended to read as follows:
33	33	(b) An offense under Subsection (a) is a Class A misdemeanor
34	34	[state jail felony] if the amount of the controlled substance
35	35	possessed is, by aggregate weight, including adulterants or
36	36	dilutants, less than one gram.
37	37	SECTION 3. Section 481.121(b), Health and Safety Code, is
38	38	amended to read as follows:
39	39	(b) An offense under Subsection (a) is:
40	40	(1) a Class C [B] misdemeanor if the amount of
41	41	marihuana possessed is two ounces or less;
42	42	(2) a Class A misdemeanor if the amount of marihuana
43	43	possessed is four ounces or less but more than two ounces;
44	44	(3) a state jail felony if the amount of marihuana
45	45	possessed is five pounds or less but more than four ounces;
46	46	(4) a felony of the third degree if the amount of
47	47	marihuana possessed is 50 pounds or less but more than 5 pounds;
48	48	(5) a felony of the second degree if the amount of
49	49	marihuana possessed is 2,000 pounds or less but more than 50 pounds;
50	50	and
51	51	(6) punishable by imprisonment in the Texas Department
52	52	of Criminal Justice for life or for a term of not more than 99 years
53	53	or less than 5 years, and a fine not to exceed $50,000, if the amount
54	54	of marihuana possessed is more than 2,000 pounds.
55	55	SECTION 4. Sections 481.134(d), (e), and (f), Health and
56	56	Safety Code, are amended to read as follows:
57	57	(d) An offense otherwise punishable under Section
58	58	481.112(b), 481.1121(b)(1), 481.113(b), 481.114(b), [481.115(b),]
59	59	481.1151(b)(1), 481.116(b), 481.1161(b)(3), 481.120(b)(3), or
60	60	481.121(b)(3) is a felony of the third degree if it is shown on the
61	61	trial of the offense that the offense was committed:
62	62	(1) in, on, or within 1,000 feet of any real property
63	63	that is owned, rented, or leased to a school or school board, the
64	64	premises of a public or private youth center, or a playground; or
65	65	(2) on a school bus.
66	66	(e) An offense otherwise punishable under Section
67	67	481.115(b), 481.117(b), 481.119(a), 481.120(b)(2), or
68	68	481.121(b)(2) is a state jail felony if it is shown on the trial of
69	69	the offense that the offense was committed:
70	70	(1) in, on, or within 1,000 feet of any real property
71	71	that is owned, rented, or leased to a school or school board, the
72	72	premises of a public or private youth center, or a playground; or
73	73	(2) on a school bus.
74	74	(f) An offense otherwise punishable under Section
75	75	481.118(b), 481.119(b), or 481.120(b)(1)[, or 481.121(b)(1)] is a
76	76	Class A misdemeanor if it is shown on the trial of the offense that
77	77	the offense was committed:
78	78	(1) in, on, or within 1,000 feet of any real property
79	79	that is owned, rented, or leased to a school or school board, the
80	80	premises of a public or private youth center, or a playground; or
81	81	(2) on a school bus.
82	82	SECTION 5. Article 42A.551(a), Code of Criminal Procedure,
83	83	is amended to read as follows:
84	84	(a) Except as otherwise provided by Subsection (b) or (c),
85	85	on conviction of a state jail felony under Section [481.115(b),]
86	86	481.1151(b)(1), 481.116(b), 481.1161(b)(3), 481.121(b)(3), or
87	87	481.129(g)(1), Health and Safety Code, that is punished under
88	88	Section 12.35(a), Penal Code, the judge shall suspend the
89	89	imposition of the sentence and place the defendant on community
90	90	supervision.
91	91	SECTION 6. Section 411.0728(a), Government Code, is amended
92	92	to read as follows:
93	93	(a) This section applies only to a person:
94	94	(1) who is placed on community supervision under
95	95	Chapter 42A, Code of Criminal Procedure, after conviction for an
96	96	offense under:
97	97	(A) Section 481.120, Health and Safety Code, if
98	98	the offense is punishable under Subsection (b)(1);
99	99	(B) [Section 481.121, Health and Safety Code, if
100	100	the offense is punishable under Subsection (b)(1);
101	101	[(C)] Section 31.03, Penal Code, if the offense
102	102	is punishable under Subsection (e)(1) or (2);
103	103	(C) [(D)] Section 43.02, Penal Code; or
104	104	(D) [(E)] Section 43.03(a)(2), Penal Code, if
105	105	the offense is punishable as a Class A misdemeanor; and
106	106	(2) with respect to whom the conviction is
107	107	subsequently set aside by the court under Article 42A.701, Code of
108	108	Criminal Procedure.
109	109	SECTION 7. The change in law made by this Act applies only
110	110	to an offense committed on or after the effective date of this Act.
111	111	An offense committed before the effective date of this Act is
112	112	governed by the law in effect on the date the offense was committed,
113	113	and the former law is continued in effect for that purpose. For
114	114	purposes of this section, an offense was committed before the
115	115	effective date of this Act if any element of the offense occurred
116	116	before that date.
117	117	SECTION 8. This Act takes effect September 1, 2019.