Texas 2019 - 86th Regular

Texas Senate Bill SB1479 Compare Versions

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

Old	New	Differences
1	1	86R8556 JSC-F
2	2	By: Johnson S.B. No. 1479
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the prosecution of, criminal penalties for, and other
8	8	consequences of possession of one ounce or less of marihuana.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Article 14.01, Code of Criminal Procedure, is
11	11	amended by adding Subsection (c) to read as follows:
12	12	(c) Notwithstanding Subsection (a) or (b), a peace officer
13	13	or any other person may not, without a warrant, arrest an offender
14	14	for a misdemeanor punishable by fine only under Section
15	15	481.121(b)(1), Health and Safety Code.
16	16	SECTION 2. Article 14.03, Code of Criminal Procedure, is
17	17	amended by adding Subsection (h) to read as follows:
18	18	(h) Notwithstanding Subsection (a), (d), or (g), a peace
19	19	officer may not, without a warrant, arrest a person who only commits
20	20	an offense punishable by fine only under Section 481.121(b)(1),
21	21	Health and Safety Code.
22	22	SECTION 3. Article 14.06(d), Code of Criminal Procedure, is
23	23	amended to read as follows:
24	24	(d) Subsection (c) applies only to a person charged with
25	25	committing an offense under:
26	26	(1) Section 481.121, Health and Safety Code, if the
27	27	offense is punishable under Subsection (b)(2) or (3) [(b)(1) or
28	28	(2)] of that section;
29	29	(1-a) Section 481.1161, Health and Safety Code, if the
30	30	offense is punishable under Subsection (b)(1) or (2) of that
31	31	section;
32	32	(2) Section 28.03, Penal Code, if the offense is
33	33	punishable under Subsection (b)(2) of that section;
34	34	(3) Section 28.08, Penal Code, if the offense is
35	35	punishable under Subsection (b)(2) or (3) of that section;
36	36	(4) Section 31.03, Penal Code, if the offense is
37	37	punishable under Subsection (e)(2)(A) of that section;
38	38	(5) Section 31.04, Penal Code, if the offense is
39	39	punishable under Subsection (e)(2) of that section;
40	40	(6) Section 38.114, Penal Code, if the offense is
41	41	punishable as a Class B misdemeanor; or
42	42	(7) Section 521.457, Transportation Code.
43	43	SECTION 4. Articles 42A.551(a) and (c), Code of Criminal
44	44	Procedure, are amended to read as follows:
45	45	(a) Except as otherwise provided by Subsection (b) or (c),
46	46	on conviction of a state jail felony under Section 481.115(b),
47	47	481.1151(b)(1), 481.116(b), 481.1161(b)(3), 481.121(b)(4)
48	48	[481.121(b)(3)], or 481.129(g)(1), Health and Safety Code, that is
49	49	punished under Section 12.35(a), Penal Code, the judge shall
50	50	suspend the imposition of the sentence and place the defendant on
51	51	community supervision.
52	52	(c) Subsection (a) does not apply to a defendant who:
53	53	(1) under Section 481.1151(b)(1), Health and Safety
54	54	Code, possessed more than five abuse units of the controlled
55	55	substance;
56	56	(2) under Section 481.1161(b)(3), Health and Safety
57	57	Code, possessed more than one pound, by aggregate weight, including
58	58	adulterants or dilutants, of the controlled substance; or
59	59	(3) under Section 481.121(b)(4) [481.121(b)(3)],
60	60	Health and Safety Code, possessed more than one pound of marihuana.
61	61	SECTION 5. Section 411.0728(a), Government Code, is amended
62	62	to read as follows:
63	63	(a) This section applies only to a person:
64	64	(1) who is placed on community supervision under
65	65	Chapter 42A, Code of Criminal Procedure, after conviction for an
66	66	offense under:
67	67	(A) Section 481.120, Health and Safety Code, if
68	68	the offense is punishable under Subsection (b)(1);
69	69	(B) Section 481.121, Health and Safety Code, if
70	70	the offense is punishable under Subsection (b)(2) [(b)(1)];
71	71	(C) Section 31.03, Penal Code, if the offense is
72	72	punishable under Subsection (e)(1) or (2);
73	73	(D) Section 43.02, Penal Code; or
74	74	(E) Section 43.03(a)(2), Penal Code, if the
75	75	offense is punishable as a Class A misdemeanor; and
76	76	(2) with respect to whom the conviction is
77	77	subsequently set aside by the court under Article 42A.701, Code of
78	78	Criminal Procedure.
79	79	SECTION 6. Section 481.121(b), Health and Safety Code, is
80	80	amended to read as follows:
81	81	(b) An offense under Subsection (a) is:
82	82	(1) a Class C misdemeanor if the amount of marihuana
83	83	possessed is one ounce or less;
84	84	(2) a Class B misdemeanor if the amount of marihuana
85	85	possessed is two ounces or less but more than one ounce;
86	86	(3) [(2)] a Class A misdemeanor if the amount of
87	87	marihuana possessed is four ounces or less but more than two ounces;
88	88	(4) [(3)] a state jail felony if the amount of
89	89	marihuana possessed is five pounds or less but more than four
90	90	ounces;
91	91	(5) [(4)] a felony of the third degree if the amount of
92	92	marihuana possessed is 50 pounds or less but more than 5 pounds;
93	93	(6) [(5)] a felony of the second degree if the amount
94	94	of marihuana possessed is 2,000 pounds or less but more than 50
95	95	pounds; and
96	96	(7) [(6)] punishable by imprisonment in the Texas
97	97	Department of Criminal Justice for life or for a term of not more
98	98	than 99 years or less than 5 years, and a fine not to exceed $50,000,
99	99	if the amount of marihuana possessed is more than 2,000 pounds.
100	100	SECTION 7. Section 481.126(a), Health and Safety Code, is
101	101	amended to read as follows:
102	102	(a) A person commits an offense if the person:
103	103	(1) barters property or expends funds the person knows
104	104	are derived from the commission of an offense under this chapter
105	105	punishable by imprisonment in the Texas Department of Criminal
106	106	Justice for life;
107	107	(2) barters property or expends funds the person knows
108	108	are derived from the commission of an offense under Section
109	109	481.121(a) that is punishable under Section 481.121(b)(6)
110	110	[481.121(b)(5)];
111	111	(3) barters property or finances or invests funds the
112	112	person knows or believes are intended to further the commission of
113	113	an offense for which the punishment is described by Subdivision
114	114	(1); or
115	115	(4) barters property or finances or invests funds the
116	116	person knows or believes are intended to further the commission of
117	117	an offense under Section 481.121(a) that is punishable under
118	118	Section 481.121(b)(6) [481.121(b)(5)].
119	119	SECTION 8. Section 481.134, Health and Safety Code, is
120	120	amended by amending Subsections (c), (d), (e), (f), and (g) and
121	121	adding Subsection (f-1) to read as follows:
122	122	(c) The minimum term of confinement or imprisonment for an
123	123	offense otherwise punishable under Section 481.112(c), (d), (e), or
124	124	(f), 481.1121(b)(2), (3), or (4), 481.113(c), (d), or (e),
125	125	481.114(c), (d), or (e), 481.115(c)-(f), 481.1151(b)(2), (3), (4),
126	126	or (5), 481.116(c), (d), or (e), 481.1161(b)(4), (5), or (6),
127	127	481.117(c), (d), or (e), 481.118(c), (d), or (e), 481.120(b)(4),
128	128	(5), or (6), or 481.121(b)(5), (6), or (7) [481.121(b)(4), (5), or
129	129	(6)] is increased by five years and the maximum fine for the offense
130	130	is doubled if it is shown on the trial of the offense that the
131	131	offense was committed:
132	132	(1) in, on, or within 1,000 feet of the premises of a
133	133	school, the premises of a public or private youth center, or a
134	134	playground; or
135	135	(2) on a school bus.
136	136	(d) An offense otherwise punishable under Section
137	137	481.112(b), 481.1121(b)(1), 481.113(b), 481.114(b), 481.115(b),
138	138	481.1151(b)(1), 481.116(b), 481.1161(b)(3), 481.120(b)(3), or
139	139	481.121(b)(4) [481.121(b)(3)] is a felony of the third degree if it
140	140	is shown on the trial of the offense that the offense was committed:
141	141	(1) in, on, or within 1,000 feet of any real property
142	142	that is owned, rented, or leased to a school or school board, the
143	143	premises of a public or private youth center, or a playground; or
144	144	(2) on a school bus.
145	145	(e) An offense otherwise punishable under Section
146	146	481.117(b), 481.119(a), 481.120(b)(2), or 481.121(b)(3)
147	147	[481.121(b)(2)] is a state jail felony if it is shown on the trial
148	148	of the offense that the offense was committed:
149	149	(1) in, on, or within 1,000 feet of any real property
150	150	that is owned, rented, or leased to a school or school board, the
151	151	premises of a public or private youth center, or a playground; or
152	152	(2) on a school bus.
153	153	(f) An offense otherwise punishable under Section
154	154	481.118(b), 481.119(b), 481.120(b)(1), or 481.121(b)(2)
155	155	[481.121(b)(1)] is a Class A misdemeanor if it is shown on the trial
156	156	of the offense that the offense was committed:
157	157	(1) in, on, or within 1,000 feet of any real property
158	158	that is owned, rented, or leased to a school or school board, the
159	159	premises of a public or private youth center, or a playground; or
160	160	(2) on a school bus.
161	161	(f-1) An offense otherwise punishable under Section
162	162	481.121(b)(1) is a Class B misdemeanor if it is shown on the trial
163	163	of the offense that the offense was committed:
164	164	(1) in, on, or within 1,000 feet of any real property
165	165	that is owned, rented, or leased to a school or school board, the
166	166	premises of a public or private youth center, or a playground; or
167	167	(2) on a school bus.
168	168	(g) Subsections (f) and (f-1) do [Subsection (f) does] not
169	169	apply to an offense if:
170	170	(1) the offense was committed inside a private
171	171	residence; and
172	172	(2) no minor was present in the private residence at
173	173	the time the offense was committed.
174	174	SECTION 9. Section 12.43(c), Penal Code, is amended to read
175	175	as follows:
176	176	(c) If it is shown on the trial of an offense punishable as a
177	177	Class C misdemeanor under Section 42.01 or 49.02, or under Section
178	178	481.121(b)(1), Health and Safety Code, that the defendant has
179	179	previously been convicted of any [been before convicted under
180	180	either] of those offenses [sections] three times or three times for
181	181	any combination of those offenses and each prior offense was
182	182	committed in the 24 months preceding the date of commission of the
183	183	instant offense, the defendant shall be punished by:
184	184	(1) a fine not to exceed $2,000;
185	185	(2) confinement in jail for a term not to exceed 180
186	186	days; or
187	187	(3) both such fine and confinement.
188	188	SECTION 10. Section 521.372, Transportation Code, is
189	189	amended by adding Subsection (d) to read as follows:
190	190	(d) Notwithstanding Subsection (a), a person's license is
191	191	not automatically suspended on conviction of an offense punishable
192	192	by fine only under Section 481.121(b)(1), Health and Safety Code.
193	193	Notwithstanding Subsection (b), the department is not prohibited
194	194	from issuing a driver's license to a person convicted of an offense
195	195	punishable by fine only under Section 481.121(b)(1), Health and
196	196	Safety Code, who, on the date of the conviction, did not hold a
197	197	driver's license.
198	198	SECTION 11. Articles 14.01(c) and 14.03(h), Code of
199	199	Criminal Procedure, as added by this Act, apply only to an offense
200	200	committed on or after the effective date of this Act. An offense
201	201	committed before the effective date of this Act is governed by the
202	202	law in effect on the date the offense was committed, and the former
203	203	law is continued in effect for that purpose. For purposes of this
204	204	section, an offense was committed before the effective date of this
205	205	Act if any element of the offense occurred before that date.
206	206	SECTION 12. Sections 481.121 and 481.134, Health and Safety
207	207	Code, as amended by this Act, apply to an offense committed under
208	208	Section 481.121 or an offense committed under Section 481.121 and
209	209	punishable under Section 481.134 before, on, or after September 1,
210	210	2019, except that a final conviction for an offense that exists on
211	211	September 1, 2019, is unaffected by this Act.
212	212	SECTION 13. (a) Except as provided by Subsection (b) of
213	213	this section, this Act takes effect September 1, 2019.
214	214	(b) Section 521.372(d), Transportation Code, as added by
215	215	this Act, takes effect on the 91st day after the date the office of
216	216	the attorney general publishes in the Texas Register a finding
217	217	that:
218	218	(1) the legislature of this state has adopted a
219	219	resolution expressing the legislature's opposition to a law meeting
220	220	the requirements of 23 U.S.C. Section 159 in suspending, revoking,
221	221	or denying the driver's license of a person convicted of a drug
222	222	offense for a period of six months;
223	223	(2) the governor of this state has submitted to the
224	224	United States secretary of transportation:
225	225	(A) a written certification of the governor's
226	226	opposition to the enactment or enforcement of a law required under
227	227	23 U.S.C. Section 159; and
228	228	(B) a written certification that the legislature
229	229	has adopted the resolution described by Subdivision (1) of this
230	230	subsection; and
231	231	(3) the United States secretary of transportation has
232	232	responded to the governor's submission and certified that highway
233	233	funds will not be withheld from this state in response to any
234	234	modification to or repeal of the law required under 23 U.S.C.
235	235	Section 159.