Texas 2019 - 86th Regular

Texas House Bill HB335 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	86R25618 JSC-F
2		-	By: Dutton, Reynolds, Thompson of Harris H.B. No. 335
3		-	Substitute the following for H.B. No. 335:
4		-	By: Collier C.S.H.B. No. 335
	1	+	By: Dutton H.B. No. 335
5	2
6	3
7	4		A BILL TO BE ENTITLED
8	5		AN ACT
9		-	relating to the criminal penalties for possession of two grams or
10		-	less of marihuana.
	6	+	relating to the penalties for possession of one ounce or less of
	7	+	marihuana and eligibility for placement on community supervision or
	8	+	on deferred adjudication community supervision for that offense.
11	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	10		SECTION 1. Section 481.121, Health and Safety Code, is
13		-	amended by amending Subsection (b) and adding ~~Subsection~~ (c) to
14		-	read as follows:
	11	+	amended by amending Subsection (b) and adding Subsections (c) and
	12	+	(d) to read as follows:
15	13		(b) An offense under Subsection (a) is:
16	14		(1) a Class C misdemeanor if the amount of marihuana
17		-	possessed is ~~two grams~~ or less, except as provided by Subsection
	15	+	possessed is one ounce or less, except as provided by Subsection
18	16		(c);
19	17		(2) a Class B misdemeanor if the amount of marihuana
20		-	possessed is two ounces or less but more than ~~two grams~~;
	18	+	possessed is two ounces or less but more than one ounce;
21	19		(3) [(2)] a Class A misdemeanor if the amount of
22	20		marihuana possessed is four ounces or less but more than two ounces;
23	21		(4) [(3)] a state jail felony if the amount of
24	22		marihuana possessed is five pounds or less but more than four
25	23		ounces;
26	24		(5) [(4)] a felony of the third degree if the amount of
27	25		marihuana possessed is 50 pounds or less but more than 5 pounds;
28	26		(6) [(5)] a felony of the second degree if the amount
29	27		of marihuana possessed is 2,000 pounds or less but more than 50
30	28		pounds; and
31	29		(7) [(6)] punishable by imprisonment in the Texas
32	30		Department of Criminal Justice for life or for a term of not more
33	31		than 99 years or less than 5 years, and a fine not to exceed $50,000,
34	32		if the amount of marihuana possessed is more than 2,000 pounds.
35	33		(c) An offense under Subsection (b)(1) is a Class B
36	34		misdemeanor if it is shown on the trial of the offense that the
37	35		defendant has been previously convicted three or more times of an
38	36		offense involving the possession of marihuana and each prior
39	37		offense was committed within the 24-month period preceding the date
40	38		of the commission of the instant offense. For purposes of this
41	39		subsection, "offense involving the possession of marihuana" means
42	40		an offense under this section or an offense under the laws of
43	41		another state that contains elements substantially similar to the
44	42		elements of an offense under this section.
	43	+	(d) A defendant convicted of an offense punishable under
	44	+	Subsection (c) is not eligible for community supervision under
	45	+	Chapter 42A, Code of Criminal Procedure.
45	46		SECTION 2. Section 481.126(a), Health and Safety Code, is
46	47		amended to read as follows:
47	48		(a) A person commits an offense if the person:
48	49		(1) barters property or expends funds the person knows
49	50		are derived from the commission of an offense under this chapter
50	51		punishable by imprisonment in the Texas Department of Criminal
51	52		Justice for life;
52	53		(2) barters property or expends funds the person knows
53	54		are derived from the commission of an offense under Section
54	55		481.121(a) that is punishable under Section 481.121(b)(6)
55	56		[481.121(b)(5)];
56	57		(3) barters property or finances or invests funds the
57	58		person knows or believes are intended to further the commission of
58	59		an offense for which the punishment is described by Subdivision
59	60		(1); or
60	61		(4) barters property or finances or invests funds the
61	62		person knows or believes are intended to further the commission of
62	63		an offense under Section 481.121(a) that is punishable under
63	64		Section 481.121(b)(6) [481.121(b)(5)].
64	65		SECTION 3. Sections 481.134(c), (d), (e), and (f), Health
65	66		and Safety Code, are amended to read as follows:
66	67		(c) The minimum term of confinement or imprisonment for an
67	68		offense otherwise punishable under Section 481.112(c), (d), (e), or
68	69		(f), 481.1121(b)(2), (3), or (4), 481.113(c), (d), or (e),
69	70		481.114(c), (d), or (e), 481.115(c)-(f), 481.1151(b)(2), (3), (4),
70	71		or (5), 481.116(c), (d), or (e), 481.1161(b)(4), (5), or (6),
71	72		481.117(c), (d), or (e), 481.118(c), (d), or (e), 481.120(b)(4),
72	73		(5), or (6), or 481.121(b)(5), (6), or (7) [481.121(b)(4), (5), or
73	74		(6)] is increased by five years and the maximum fine for the offense
74	75		is doubled if it is shown on the trial of the offense that the
75	76		offense was committed:
76	77		(1) in, on, or within 1,000 feet of the premises of a
77	78		school, the premises of a public or private youth center, or a
78	79		playground; or
79	80		(2) on a school bus.
80	81		(d) An offense otherwise punishable under Section
81	82		481.112(b), 481.1121(b)(1), 481.113(b), 481.114(b), 481.115(b),
82	83		481.1151(b)(1), 481.116(b), 481.1161(b)(3), 481.120(b)(3), or
83	84		481.121(b)(4) [481.121(b)(3)] is a felony of the third degree if it
84	85		is shown on the trial of the offense that the offense was committed:
85	86		(1) in, on, or within 1,000 feet of any real property
86	87		that is owned, rented, or leased to a school or school board, the
87	88		premises of a public or private youth center, or a playground; or
88	89		(2) on a school bus.
89	90		(e) An offense otherwise punishable under Section
90	91		481.117(b), 481.119(a), 481.120(b)(2), or 481.121(b)(3)
91	92		[481.121(b)(2)] is a state jail felony if it is shown on the trial
92	93		of the offense that the offense was committed:
93	94		(1) in, on, or within 1,000 feet of any real property
94	95		that is owned, rented, or leased to a school or school board, the
95	96		premises of a public or private youth center, or a playground; or
96	97		(2) on a school bus.
97	98		(f) An offense otherwise punishable under Section
98	99		481.118(b), 481.119(b), 481.120(b)(1), or 481.121(b)(1), (b)(2),
99	100		or (c) is a Class A misdemeanor if it is shown on the trial of the
100	101		offense that the offense was committed:
101	102		(1) in, on, or within 1,000 feet of any real property
102	103		that is owned, rented, or leased to a school or school board, the
103	104		premises of a public or private youth center, or a playground; or
104	105		(2) on a school bus.
105	106		SECTION 4. Article 14.06(d), Code of Criminal Procedure, is
106	107		amended to read as follows:
107	108		(d) Subsection (c) applies only to a person charged with
108	109		committing an offense under:
109	110		(1) Section 481.121, Health and Safety Code, if the
110	111		offense is punishable under Subsection (b)(2), (b)(3), or (c)
111	112		[(b)(1) or (2)] of that section;
112	113		(1-a) Section 481.1161, Health and Safety Code, if the
113	114		offense is punishable under Subsection (b)(1) or (2) of that
114	115		section;
115	116		(2) Section 28.03, Penal Code, if the offense is
116	117		punishable under Subsection (b)(2) of that section;
117	118		(3) Section 28.08, Penal Code, if the offense is
118	119		punishable under Subsection (b)(2) or (3) of that section;
119	120		(4) Section 31.03, Penal Code, if the offense is
120	121		punishable under Subsection (e)(2)(A) of that section;
121	122		(5) Section 31.04, Penal Code, if the offense is
122	123		punishable under Subsection (e)(2) of that section;
123	124		(6) Section 38.114, Penal Code, if the offense is
124	125		punishable as a Class B misdemeanor; or
125	126		(7) Section 521.457, Transportation Code.
126	127		SECTION 5. Articles 42A.551(a) and (c), Code of Criminal
127	128		Procedure, are amended to read as follows:
128	129		(a) Except as otherwise provided by Subsection (b) or (c),
129	130		on conviction of a state jail felony under Section 481.115(b),
130	131		481.1151(b)(1), 481.116(b), 481.1161(b)(3), 481.121(b)(4)
131	132		[481.121(b)(3)], or 481.129(g)(1), Health and Safety Code, that is
132	133		punished under Section 12.35(a), Penal Code, the judge shall
133	134		suspend the imposition of the sentence and place the defendant on
134	135		community supervision.
135	136		(c) Subsection (a) does not apply to a defendant who:
136	137		(1) under Section 481.1151(b)(1), Health and Safety
137	138		Code, possessed more than five abuse units of the controlled
138	139		substance;
139	140		(2) under Section 481.1161(b)(3), Health and Safety
140	141		Code, possessed more than one pound, by aggregate weight, including
141	142		adulterants or dilutants, of the controlled substance; or
142	143		(3) under Section 481.121(b)(4) [481.121(b)(3)],
143	144		Health and Safety Code, possessed more than one pound of marihuana.
144	145		SECTION 6. Article 45.051, Code of Criminal Procedure, is
145	146		amended by adding Subsection (h) to read as follows:
146	147		(h) This subsection applies only to a defendant charged with
147	148		an offense under Section 481.121, Health and Safety Code, who is
148	149		granted a deferral under Subsection (a). In addition to any other
149	150		requirement, the judge shall, during the deferral period, require
150	151		that the defendant successfully complete a drug abuse awareness and
151		-	education program approved by the ~~Texas~~ Department of ~~Licensing and~~
152		-	~~Regulation~~.
	152	+	education program approved by the Department of State Health
	153	+	Services.
153	154		SECTION 7. The changes in law made by this Act apply only to
154	155		an offense committed on or after the effective date of this Act. An
155	156		offense committed before the effective date of this Act is governed
156	157		by the law in effect on the date the offense was committed, and the
157	158		former law is continued in effect for that purpose. For purposes of
158	159		this section, an offense was committed before the effective date of
159	160		this Act if any element of the offense was committed before that
160	161		date.
161	162		SECTION 8. This Act takes effect September 1, 2019.