86R1378 GCB-D
By: Allen H.B. No. 371
A BILL TO BE ENTITLED
AN ACT
relating to the prosecution of and penalties for possession of one
ounce or less of marihuana.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 14.06(d), Code of Criminal Procedure, is
amended to read as follows:
(d) Subsection (c) applies only to a person charged with
committing an offense under:
(1) Section 481.121, Health and Safety Code, if the
offense is punishable under Subsection (b)(2) or (3) [(b)(1) or
(2)] of that section;
(1-a) Section 481.1161, Health and Safety Code, if the
offense is punishable under Subsection (b)(1) or (2) of that
section;
(2) Section 28.03, Penal Code, if the offense is
punishable under Subsection (b)(2) of that section;
(3) Section 28.08, Penal Code, if the offense is
punishable under Subsection (b)(2) or (3) of that section;
(4) Section 31.03, Penal Code, if the offense is
punishable under Subsection (e)(2)(A) of that section;
(5) Section 31.04, Penal Code, if the offense is
punishable under Subsection (e)(2) of that section;
(6) Section 38.114, Penal Code, if the offense is
punishable as a Class B misdemeanor; or
(7) Section 521.457, Transportation Code.
SECTION 2. Articles 42A.551(a) and (c), Code of Criminal
Procedure, are amended to read as follows:
(a) Except as otherwise provided by Subsection (b) or (c),
on conviction of a state jail felony under Section 481.115(b),
481.1151(b)(1), 481.116(b), 481.1161(b)(3), 481.121(b)(4)
[481.121(b)(3)], or 481.129(g)(1), Health and Safety Code, that is
punished under Section 12.35(a), Penal Code, the judge shall
suspend the imposition of the sentence and place the defendant on
community supervision.
(c) Subsection (a) does not apply to a defendant who:
(1) under Section 481.1151(b)(1), Health and Safety
Code, possessed more than five abuse units of the controlled
substance;
(2) under Section 481.1161(b)(3), Health and Safety
Code, possessed more than one pound, by aggregate weight, including
adulterants or dilutants, of the controlled substance; or
(3) under Section 481.121(b)(4) [481.121(b)(3)],
Health and Safety Code, possessed more than one pound of marihuana.
SECTION 3. Section 411.0728(a), Government Code, is amended
to read as follows:
(a) This section applies only to a person:
(1) who is placed on community supervision under
Chapter 42A, Code of Criminal Procedure, after conviction for an
offense under:
(A) Section 481.120, Health and Safety Code, if
the offense is punishable under Subsection (b)(1);
(B) Section 481.121, Health and Safety Code, if
the offense is punishable under Subsection (b)(2) [(b)(1)];
(C) Section 31.03, Penal Code, if the offense is
punishable under Subsection (e)(1) or (2);
(D) Section 43.02, Penal Code; or
(E) Section 43.03(a)(2), Penal Code, if the
offense is punishable as a Class A misdemeanor; and
(2) with respect to whom the conviction is
subsequently set aside by the court under Article 42A.701, Code of
Criminal Procedure.
SECTION 4. Section 481.121(b), Health and Safety Code, is
amended to read as follows:
(b) An offense under Subsection (a) is:
(1) a Class C misdemeanor if the amount of marihuana
possessed is one ounce or less;
(2) a Class B misdemeanor if the amount of marihuana
possessed is two ounces or less but more than one ounce;
(3) [(2)] a Class A misdemeanor if the amount of
marihuana possessed is four ounces or less but more than two ounces;
(4) [(3)] a state jail felony if the amount of
marihuana possessed is five pounds or less but more than four
ounces;
(5) [(4)] a felony of the third degree if the amount of
marihuana possessed is 50 pounds or less but more than 5 pounds;
(6) [(5)] a felony of the second degree if the amount
of marihuana possessed is 2,000 pounds or less but more than 50
pounds; and
(7) [(6)] punishable by imprisonment in the Texas
Department of Criminal Justice for life or for a term of not more
than 99 years or less than 5 years, and a fine not to exceed $50,000,
if the amount of marihuana possessed is more than 2,000 pounds.
SECTION 5. Section 481.126(a), Health and Safety Code, is
amended to read as follows:
(a) A person commits an offense if the person:
(1) barters property or expends funds the person knows
are derived from the commission of an offense under this chapter
punishable by imprisonment in the Texas Department of Criminal
Justice for life;
(2) barters property or expends funds the person knows
are derived from the commission of an offense under Section
481.121(a) that is punishable under Section 481.121(b)(6)
[481.121(b)(5)];
(3) barters property or finances or invests funds the
person knows or believes are intended to further the commission of
an offense for which the punishment is described by Subdivision
(1); or
(4) barters property or finances or invests funds the
person knows or believes are intended to further the commission of
an offense under Section 481.121(a) that is punishable under
Section 481.121(b)(6) [481.121(b)(5)].
SECTION 6. Section 481.134, Health and Safety Code, is
amended by amending Subsections (c), (d), (e), (f), and (g) and
adding Subsection (f-1) to read as follows:
(c) The minimum term of confinement or imprisonment for an
offense otherwise punishable under Section 481.112(c), (d), (e), or
(f), 481.1121(b)(2), (3), or (4), 481.113(c), (d), or (e),
481.114(c), (d), or (e), 481.115(c)-(f), 481.1151(b)(2), (3), (4),
or (5), 481.116(c), (d), or (e), 481.1161(b)(4), (5), or (6),
481.117(c), (d), or (e), 481.118(c), (d), or (e), 481.120(b)(4),
(5), or (6), or 481.121(b)(5), (6), or (7) [481.121(b)(4), (5), or
(6)] is increased by five years and the maximum fine for the offense
is doubled if it is shown on the trial of the offense that the
offense was committed:
(1) in, on, or within 1,000 feet of the premises of a
school, the premises of a public or private youth center, or a
playground; or
(2) on a school bus.
(d) An offense otherwise punishable under Section
481.112(b), 481.1121(b)(1), 481.113(b), 481.114(b), 481.115(b),
481.1151(b)(1), 481.116(b), 481.1161(b)(3), 481.120(b)(3), or
481.121(b)(4) [481.121(b)(3)] is a felony of the third degree if it
is shown on the trial of the offense that the offense was committed:
(1) in, on, or within 1,000 feet of any real property
that is owned, rented, or leased to a school or school board, the
premises of a public or private youth center, or a playground; or
(2) on a school bus.
(e) An offense otherwise punishable under Section
481.117(b), 481.119(a), 481.120(b)(2), or 481.121(b)(3)
[481.121(b)(2)] is a state jail felony if it is shown on the trial
of the offense that the offense was committed:
(1) in, on, or within 1,000 feet of any real property
that is owned, rented, or leased to a school or school board, the
premises of a public or private youth center, or a playground; or
(2) on a school bus.
(f) An offense otherwise punishable under Section
481.118(b), 481.119(b), 481.120(b)(1), or 481.121(b)(2)
[481.121(b)(1)] is a Class A misdemeanor if it is shown on the trial
of the offense that the offense was committed:
(1) in, on, or within 1,000 feet of any real property
that is owned, rented, or leased to a school or school board, the
premises of a public or private youth center, or a playground; or
(2) on a school bus.
(f-1) An offense otherwise punishable under Section
481.121(b)(1) is a Class B misdemeanor if it is shown on the trial
of the offense that the offense was committed:
(1) in, on, or within 1,000 feet of any real property
that is owned, rented, or leased to a school or school board, the
premises of a public or private youth center, or a playground; or
(2) on a school bus.
(g) Subsections (f) and (f-1) do [Subsection (f) does] not
apply to an offense if:
(1) the offense was committed inside a private
residence; and
(2) no minor was present in the private residence at
the time the offense was committed.
SECTION 7. Section 12.43(c), Penal Code, is amended to read
as follows:
(c) If it is shown on the trial of an offense punishable as a
Class C misdemeanor under Section 42.01 or 49.02, or under Section
481.121(b)(1), Health and Safety Code, that the defendant has
previously been convicted of any [been before convicted under
either] of those offenses [sections] three times or three times for
any combination of those offenses and each prior offense was
committed in the 24 months preceding the date of commission of the
instant offense, the defendant shall be punished by:
(1) a fine not to exceed $2,000;
(2) confinement in jail for a term not to exceed 180
days; or
(3) both such fine and confinement.
SECTION 8. The amendments of Sections 481.121 and 481.134,
Health and Safety Code, by this Act apply to an offense committed
under Section 481.121 or an offense committed under Section 481.121
and punishable under Section 481.134, Health and Safety Code,
before, on, or after September 1, 2019, except that a final
conviction for an offense that exists on September 1, 2019, is
unaffected by this Act.
SECTION 9. This Act takes effect September 1, 2019.