Texas 2019 - 86th Regular

Texas Senate Bill SB156 Compare Versions

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

Old	New	Differences
1	1	86R3108 JSC-D
2	2	By: Rodríguez S.B. No. 156
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the civil and criminal penalties for possession of
8	8	certain small amounts of marihuana and an exception to prosecution
9	9	for possession of associated drug paraphernalia; creating a
10	10	criminal offense.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 481.121(b), Health and Safety Code, is
13	13	amended to read as follows:
14	14	(b) An offense under Subsection (a) is:
15	15	(1) a Class B misdemeanor if the amount of marihuana
16	16	possessed is two ounces or less but more than one ounce;
17	17	(2) a Class A misdemeanor if the amount of marihuana
18	18	possessed is four ounces or less but more than two ounces;
19	19	(3) a state jail felony if the amount of marihuana
20	20	possessed is five pounds or less but more than four ounces;
21	21	(4) a felony of the third degree if the amount of
22	22	marihuana possessed is 50 pounds or less but more than 5 pounds;
23	23	(5) a felony of the second degree if the amount of
24	24	marihuana possessed is 2,000 pounds or less but more than 50 pounds;
25	25	and
26	26	(6) punishable by imprisonment in the Texas Department
27	27	of Criminal Justice for life or for a term of not more than 99 years
28	28	or less than 5 years, and a fine not to exceed $50,000, if the amount
29	29	of marihuana possessed is more than 2,000 pounds.
30	30	SECTION 2. Subchapter D, Chapter 481, Health and Safety
31	31	Code, is amended by adding Sections 481.1211 and 481.1212 to read as
32	32	follows:
33	33	Sec. 481.1211. CIVIL PENALTY: POSSESSION OF SMALL AMOUNT OF
34	34	MARIHUANA. (a) Notwithstanding Section 481.121 and except as
35	35	otherwise provided by Section 481.1212, a person who knowingly or
36	36	intentionally possesses a usable quantity of marihuana in an amount
37	37	that is one ounce or less does not commit an offense but is liable to
38	38	the state for a civil penalty not to exceed $250.
39	39	(b) The imposition of a civil penalty under this section is
40	40	not a conviction and may not be considered a conviction for any
41	41	purpose.
42	42	Sec. 481.1212. OFFENSE: SUBSEQUENT POSSESSION OF SMALL
43	43	AMOUNT OF MARIHUANA. (a) A person commits an offense if the person:
44	44	(1) knowingly or intentionally possesses a usable
45	45	quantity of marihuana in an amount that is one ounce or less; and
46	46	(2) has previously been assessed a civil penalty three
47	47	times under Section 481.1211.
48	48	(b) An offense under this section is a Class C misdemeanor.
49	49	SECTION 3. Section 481.125, Health and Safety Code, is
50	50	amended by adding Subsection (g) to read as follows:
51	51	(g) It is a defense to prosecution under this section that
52	52	drug paraphernalia was knowingly or intentionally used, possessed,
53	53	or delivered solely in furtherance of a violation of Section
54	54	481.1211 or an offense under Section 481.1212.
55	55	SECTION 4. Subchapter B, Chapter 45, Code of Criminal
56	56	Procedure, is amended by adding Article 45.062 to read as follows:
57	57	Art. 45.062. PROCEEDINGS FOR CERTAIN MARIHUANA POSSESSION
58	58	VIOLATIONS AND OFFENSES. (a) A peace officer may not make an
59	59	arrest solely because of a violation of Section 481.1211, Health
60	60	and Safety Code, regardless of whether the person may be subject to
61	61	prosecution under Section 481.1212 of that code. A peace officer
62	62	may issue to a person a citation that contains written notice of the
63	63	time and place the person must appear before a justice court, the
64	64	name and address of the person charged, and the violation charged.
65	65	The citation must notify the person that the person may be subject
66	66	to prosecution for a Class C misdemeanor under Section 481.1212,
67	67	Health and Safety Code, if the person has previously been assessed a
68	68	civil penalty three times under Section 481.1211, Health and Safety
69	69	Code.
70	70	(b) The district or county attorney of the county in which
71	71	the conduct described by Section 481.1211, Health and Safety Code,
72	72	is alleged to have occurred may:
73	73	(1) bring an action in the justice court of the county
74	74	to collect the civil penalty of a person who receives a citation
75	75	under this section; or
76	76	(2) charge the person with an offense under Section
77	77	481.1212, Health and Safety Code, if the person has previously been
78	78	assessed a civil penalty three times under Section 481.1211 of that
79	79	code.
80	80	(c) Except as otherwise provided by this article, a civil
81	81	action under this article for a violation of Section 481.1211,
82	82	Health and Safety Code, shall be conducted in the manner provided by
83	83	this chapter as if an offense were charged.
84	84	(d) The court may not:
85	85	(1) issue an arrest warrant under Article 45.014 for a
86	86	violation of Section 481.1211, Health and Safety Code, or an
87	87	offense under Section 481.1212 of that code; or
88	88	(2) require the person who violates Section 481.1211,
89	89	Health and Safety Code, or commits an offense under Section
90	90	481.1212 of that code, to give bail under Article 45.016.
91	91	(e) A citation issued under this article is considered to be
92	92	a sufficient complaint for purposes of Articles 45.018 and 45.019
93	93	if the citation is filed with the court by a district or county
94	94	attorney.
95	95	(f) A person liable for a civil penalty under Section
96	96	481.1211, Health and Safety Code, may not appeal under Article
97	97	45.042.
98	98	(g) Before imposing a civil penalty under Section 481.1211,
99	99	Health and Safety Code, the court shall determine whether the
100	100	person subject to the penalty is indigent. If the court determines
101	101	the person is indigent, the court shall waive the penalty and may
102	102	order the person to complete not more than 10 hours of community
103	103	service.
104	104	(h) Subsections (n), (p), and (q) apply to a person for whom
105	105	a court waives a penalty under Subsection (g).
106	106	(i) The court may waive or reduce the civil penalty for a
107	107	person other than a person described by Subsection (g) if:
108	108	(1) the person subject to a civil penalty under
109	109	Section 481.1211, Health and Safety Code, attends a program that
110	110	provides education in substance abuse and is approved by the
111	111	Department of State Health Services, the Texas Department of
112	112	Licensing and Regulation, or the Texas Department of Public Safety;
113	113	or
114	114	(2) the person performs not more than 10 hours of
115	115	community service, as ordered by the court.
116	116	(j) If during a proceeding for a violation of Section
117	117	481.1211, Health and Safety Code, the court finds that the person
118	118	has previously been assessed a civil penalty under that section one
119	119	or two times, the court shall, in addition to assessing a civil
120	120	penalty, order the person to attend a program that provides
121	121	education in substance abuse and is approved by the Department of
122	122	State Health Services, the Texas Department of Licensing and
123	123	Regulation, or the Texas Department of Public Safety.
124	124	(k) If during a proceeding for a violation of Section
125	125	481.1211, Health and Safety Code, the court finds that the person
126	126	has previously been assessed a civil penalty under that section
127	127	three times, the court shall suspend the proceedings and notify the
128	128	appropriate prosecuting attorney so that the person may be charged
129	129	with an offense under Section 481.1212, Health and Safety Code.
130	130	(l) On a plea of guilty or nolo contendere for an offense
131	131	under Section 481.1212, Health and Safety Code, by a defendant and
132	132	payment of all court costs, the judge shall defer further
133	133	proceedings without entering an adjudication of guilt and place the
134	134	defendant on probation under the provisions of Article 45.051.
135	135	(m) The court may issue a capias for the arrest of a person
136	136	who fails to appear or to make payment, as directed by a citation
137	137	issued under this section.
138	138	(n) Law enforcement may seize any marihuana in possession of
139	139	a person subject to a civil penalty under Section 481.1211, Health
140	140	and Safety Code, or subject to prosecution under Section 481.1212
141	141	of that code. If marihuana is seized under this article in
142	142	connection with a violation of Section 481.1211, Health and Safety
143	143	Code, law enforcement shall preserve the marihuana as if the
144	144	marihuana were evidence of an offense under Section 481.1212,
145	145	Health and Safety Code, pending the final resolution of a civil
146	146	proceeding under this article. After final resolution of a civil
147	147	proceeding under this article, any marihuana seized is subject to
148	148	forfeiture and shall be disposed of in accordance with Section
149	149	481.159, Health and Safety Code.
150	150	(o) This article does not affect the authority of a peace
151	151	officer to conduct a search or seize marihuana or other property as
152	152	contraband under Chapter 18 or 59 or other law.
153	153	(p) The identity of a person cited for a violation of
154	154	Section 481.1211, Health and Safety Code, is confidential
155	155	information and may not be disclosed to the public unless the person
156	156	is charged with an offense under Section 481.1212, Health and
157	157	Safety Code, in connection with that citation.
158	158	(q) The identity of a person found liable for a civil
159	159	penalty under Section 481.1211, Health and Safety Code, is
160	160	confidential information and may not be disclosed to the public.
161	161	SECTION 5. Section 51.03(a), Family Code, is amended to
162	162	read as follows:
163	163	(a) Delinquent conduct is:
164	164	(1) conduct, other than a traffic offense, that
165	165	violates a penal law of this state or of the United States
166	166	punishable by imprisonment or by confinement in jail;
167	167	(2) conduct that violates a lawful order of a court
168	168	under circumstances that would constitute contempt of that court
169	169	in:
170	170	(A) a justice or municipal court;
171	171	(B) a county court for conduct punishable only by
172	172	a fine; or
173	173	(C) a truancy court;
174	174	(3) conduct that violates Section 49.04, 49.05, 49.06,
175	175	49.07, or 49.08, Penal Code; [or]
176	176	(4) conduct that violates Section 106.041, Alcoholic
177	177	Beverage Code, relating to driving under the influence of alcohol
178	178	by a minor (third or subsequent offense); or
179	179	(5) conduct for which a person is subject to a civil
180	180	penalty under Section 481.1211, Health and Safety Code, or that
181	181	violates Section 481.1212 of that code.
182	182	SECTION 6. Section 118.124, Local Government Code, is
183	183	amended to read as follows:
184	184	Sec. 118.124. PROHIBITED FEES. A justice of the peace is
185	185	not entitled to a fee for:
186	186	(1) the examination of a paper or record in the
187	187	justice's office;
188	188	(2) filing any process or document the justice issues
189	189	that is returned to court;
190	190	(3) a motion or judgment on a motion for security for
191	191	costs;
192	192	(4) taking or approving a bond for costs; [or]
193	193	(5) the first copy of a document in a criminal case
194	194	issued to:
195	195	(A) a criminal defendant in the case;
196	196	(B) an attorney representing a criminal
197	197	defendant in the case; or
198	198	(C) a prosecuting attorney; or
199	199	(6) the filing of a civil action by the state under
200	200	Section 481.1211, Health and Safety Code.
201	201	SECTION 7. The changes in law made by this Act apply only to
202	202	a violation of law that occurs on or after the effective date of
203	203	this Act. A violation that occurs before the effective date of this
204	204	Act is governed by the law in effect on the date the violation
205	205	occurred, and the former law is continued in effect for that
206	206	purpose. For purposes of this section, a violation of law occurred
207	207	before the effective date of this Act if any element of the
208	208	violation occurred before that date.
209	209	SECTION 8. This Act takes effect September 1, 2019.