Texas 2019 - 86th Regular

Texas House Bill HB371 Compare Versions

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

Old	New	Differences
1	1	86R1378 GCB-D
2	2	By: Allen H.B. No. 371
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the prosecution of and penalties for possession of one
8	8	ounce or less of 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) or (3) [(b)(1) or
16	16	(2)] of 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. Articles 42A.551(a) and (c), Code of Criminal
32	32	Procedure, are amended to read as follows:
33	33	(a) Except as otherwise provided by Subsection (b) or (c),
34	34	on conviction of a state jail felony under Section 481.115(b),
35	35	481.1151(b)(1), 481.116(b), 481.1161(b)(3), 481.121(b)(4)
36	36	[481.121(b)(3)], or 481.129(g)(1), Health and Safety Code, that is
37	37	punished under Section 12.35(a), Penal Code, the judge shall
38	38	suspend the imposition of the sentence and place the defendant on
39	39	community supervision.
40	40	(c) Subsection (a) does not apply to a defendant who:
41	41	(1) under Section 481.1151(b)(1), Health and Safety
42	42	Code, possessed more than five abuse units of the controlled
43	43	substance;
44	44	(2) under Section 481.1161(b)(3), Health and Safety
45	45	Code, possessed more than one pound, by aggregate weight, including
46	46	adulterants or dilutants, of the controlled substance; or
47	47	(3) under Section 481.121(b)(4) [481.121(b)(3)],
48	48	Health and Safety Code, possessed more than one pound of marihuana.
49	49	SECTION 3. Section 411.0728(a), Government Code, is amended
50	50	to read as follows:
51	51	(a) This section applies only to a person:
52	52	(1) who is placed on community supervision under
53	53	Chapter 42A, Code of Criminal Procedure, after conviction for an
54	54	offense under:
55	55	(A) Section 481.120, Health and Safety Code, if
56	56	the offense is punishable under Subsection (b)(1);
57	57	(B) Section 481.121, Health and Safety Code, if
58	58	the offense is punishable under Subsection (b)(2) [(b)(1)];
59	59	(C) Section 31.03, Penal Code, if the offense is
60	60	punishable under Subsection (e)(1) or (2);
61	61	(D) Section 43.02, Penal Code; or
62	62	(E) Section 43.03(a)(2), Penal Code, if the
63	63	offense is punishable as a Class A misdemeanor; and
64	64	(2) with respect to whom the conviction is
65	65	subsequently set aside by the court under Article 42A.701, Code of
66	66	Criminal Procedure.
67	67	SECTION 4. Section 481.121(b), Health and Safety Code, is
68	68	amended to read as follows:
69	69	(b) An offense under Subsection (a) is:
70	70	(1) a Class C misdemeanor if the amount of marihuana
71	71	possessed is one ounce or less;
72	72	(2) a Class B misdemeanor if the amount of marihuana
73	73	possessed is two ounces or less but more than one ounce;
74	74	(3) [(2)] a Class A misdemeanor if the amount of
75	75	marihuana possessed is four ounces or less but more than two ounces;
76	76	(4) [(3)] a state jail felony if the amount of
77	77	marihuana possessed is five pounds or less but more than four
78	78	ounces;
79	79	(5) [(4)] a felony of the third degree if the amount of
80	80	marihuana possessed is 50 pounds or less but more than 5 pounds;
81	81	(6) [(5)] a felony of the second degree if the amount
82	82	of marihuana possessed is 2,000 pounds or less but more than 50
83	83	pounds; and
84	84	(7) [(6)] punishable by imprisonment in the Texas
85	85	Department of Criminal Justice for life or for a term of not more
86	86	than 99 years or less than 5 years, and a fine not to exceed $50,000,
87	87	if the amount of marihuana possessed is more than 2,000 pounds.
88	88	SECTION 5. Section 481.126(a), Health and Safety Code, is
89	89	amended to read as follows:
90	90	(a) A person commits an offense if the person:
91	91	(1) barters property or expends funds the person knows
92	92	are derived from the commission of an offense under this chapter
93	93	punishable by imprisonment in the Texas Department of Criminal
94	94	Justice for life;
95	95	(2) barters property or expends funds the person knows
96	96	are derived from the commission of an offense under Section
97	97	481.121(a) that is punishable under Section 481.121(b)(6)
98	98	[481.121(b)(5)];
99	99	(3) barters property or finances or invests funds the
100	100	person knows or believes are intended to further the commission of
101	101	an offense for which the punishment is described by Subdivision
102	102	(1); or
103	103	(4) barters property or finances or invests funds the
104	104	person knows or believes are intended to further the commission of
105	105	an offense under Section 481.121(a) that is punishable under
106	106	Section 481.121(b)(6) [481.121(b)(5)].
107	107	SECTION 6. Section 481.134, Health and Safety Code, is
108	108	amended by amending Subsections (c), (d), (e), (f), and (g) and
109	109	adding Subsection (f-1) to read as follows:
110	110	(c) The minimum term of confinement or imprisonment for an
111	111	offense otherwise punishable under Section 481.112(c), (d), (e), or
112	112	(f), 481.1121(b)(2), (3), or (4), 481.113(c), (d), or (e),
113	113	481.114(c), (d), or (e), 481.115(c)-(f), 481.1151(b)(2), (3), (4),
114	114	or (5), 481.116(c), (d), or (e), 481.1161(b)(4), (5), or (6),
115	115	481.117(c), (d), or (e), 481.118(c), (d), or (e), 481.120(b)(4),
116	116	(5), or (6), or 481.121(b)(5), (6), or (7) [481.121(b)(4), (5), or
117	117	(6)] is increased by five years and the maximum fine for the offense
118	118	is doubled if it is shown on the trial of the offense that the
119	119	offense was committed:
120	120	(1) in, on, or within 1,000 feet of the premises of a
121	121	school, the premises of a public or private youth center, or a
122	122	playground; or
123	123	(2) on a school bus.
124	124	(d) An offense otherwise punishable under Section
125	125	481.112(b), 481.1121(b)(1), 481.113(b), 481.114(b), 481.115(b),
126	126	481.1151(b)(1), 481.116(b), 481.1161(b)(3), 481.120(b)(3), or
127	127	481.121(b)(4) [481.121(b)(3)] is a felony of the third degree if it
128	128	is shown on the trial of the offense that the offense was committed:
129	129	(1) in, on, or within 1,000 feet of any real property
130	130	that is owned, rented, or leased to a school or school board, the
131	131	premises of a public or private youth center, or a playground; or
132	132	(2) on a school bus.
133	133	(e) An offense otherwise punishable under Section
134	134	481.117(b), 481.119(a), 481.120(b)(2), or 481.121(b)(3)
135	135	[481.121(b)(2)] is a state jail felony if it is shown on the trial
136	136	of the offense that the offense was committed:
137	137	(1) in, on, or within 1,000 feet of any real property
138	138	that is owned, rented, or leased to a school or school board, the
139	139	premises of a public or private youth center, or a playground; or
140	140	(2) on a school bus.
141	141	(f) An offense otherwise punishable under Section
142	142	481.118(b), 481.119(b), 481.120(b)(1), or 481.121(b)(2)
143	143	[481.121(b)(1)] is a Class A misdemeanor if it is shown on the trial
144	144	of the offense that the offense was committed:
145	145	(1) in, on, or within 1,000 feet of any real property
146	146	that is owned, rented, or leased to a school or school board, the
147	147	premises of a public or private youth center, or a playground; or
148	148	(2) on a school bus.
149	149	(f-1) An offense otherwise punishable under Section
150	150	481.121(b)(1) is a Class B misdemeanor if it is shown on the trial
151	151	of the offense that the offense was committed:
152	152	(1) in, on, or within 1,000 feet of any real property
153	153	that is owned, rented, or leased to a school or school board, the
154	154	premises of a public or private youth center, or a playground; or
155	155	(2) on a school bus.
156	156	(g) Subsections (f) and (f-1) do [Subsection (f) does] not
157	157	apply to an offense if:
158	158	(1) the offense was committed inside a private
159	159	residence; and
160	160	(2) no minor was present in the private residence at
161	161	the time the offense was committed.
162	162	SECTION 7. Section 12.43(c), Penal Code, is amended to read
163	163	as follows:
164	164	(c) If it is shown on the trial of an offense punishable as a
165	165	Class C misdemeanor under Section 42.01 or 49.02, or under Section
166	166	481.121(b)(1), Health and Safety Code, that the defendant has
167	167	previously been convicted of any [been before convicted under
168	168	either] of those offenses [sections] three times or three times for
169	169	any combination of those offenses and each prior offense was
170	170	committed in the 24 months preceding the date of commission of the
171	171	instant offense, the defendant shall be punished by:
172	172	(1) a fine not to exceed $2,000;
173	173	(2) confinement in jail for a term not to exceed 180
174	174	days; or
175	175	(3) both such fine and confinement.
176	176	SECTION 8. The amendments of Sections 481.121 and 481.134,
177	177	Health and Safety Code, by this Act apply to an offense committed
178	178	under Section 481.121 or an offense committed under Section 481.121
179	179	and punishable under Section 481.134, Health and Safety Code,
180	180	before, on, or after September 1, 2019, except that a final
181	181	conviction for an offense that exists on September 1, 2019, is
182	182	unaffected by this Act.
183	183	SECTION 9. This Act takes effect September 1, 2019.