| 1 | 1 | | 86R6692 JSC-D |
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| 2 | 2 | | By: Johnson S.B. No. 460 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to reducing criminal penalties for possession of |
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| 8 | 8 | | marihuana. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 481.121(b), Health and Safety Code, is |
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| 11 | 11 | | amended to read as follows: |
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| 12 | 12 | | (b) An offense under Subsection (a) is: |
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| 13 | 13 | | (1) a Class B misdemeanor if the amount of marihuana |
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| 14 | 14 | | possessed is four [two] ounces or less but more than two ounces; |
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| 15 | 15 | | (2) a Class A misdemeanor if the amount of marihuana |
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| 16 | 16 | | possessed is five pounds [four ounces] or less but more than four |
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| 17 | 17 | | [two] ounces; |
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| 18 | 18 | | (3) a state jail felony if the amount of marihuana |
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| 19 | 19 | | possessed is 50 [five] pounds or less but more than 5 pounds [four |
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| 20 | 20 | | ounces]; |
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| 21 | 21 | | (4) a felony of the third degree if the amount of |
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| 22 | 22 | | marihuana possessed is 2,000 [50] pounds or less but more than 50 |
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| 23 | 23 | | [5] pounds; and |
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| 24 | 24 | | (5) a felony of the second degree if the amount of |
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| 25 | 25 | | marihuana possessed is [2,000 pounds or less but more than 50 |
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| 26 | 26 | | pounds; and |
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| 27 | 27 | | [(6) punishable by imprisonment in the Texas |
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| 28 | 28 | | Department of Criminal Justice for life or for a term of not more |
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| 29 | 29 | | than 99 years or less than 5 years, and a fine not to exceed $50,000, |
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| 30 | 30 | | if the amount of marihuana possessed is] more than 2,000 pounds. |
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| 31 | 31 | | SECTION 2. Section 481.125, Health and Safety Code, is |
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| 32 | 32 | | amended by adding Subsection (a-1) to read as follows: |
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| 33 | 33 | | (a-1) It is an affirmative defense to prosecution under |
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| 34 | 34 | | Subsection (a) that the person possessed or used the drug |
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| 35 | 35 | | paraphernalia solely in conjunction with the possession or use of |
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| 36 | 36 | | two ounces or less of marihuana. |
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| 37 | 37 | | SECTION 3. Section 481.134(c), Health and Safety Code, is |
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| 38 | 38 | | amended to read as follows: |
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| 39 | 39 | | (c) The minimum term of confinement or imprisonment for an |
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| 40 | 40 | | offense otherwise punishable under Section 481.112(c), (d), (e), or |
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| 41 | 41 | | (f), 481.1121(b)(2), (3), or (4), 481.113(c), (d), or (e), |
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| 42 | 42 | | 481.114(c), (d), or (e), 481.115(c)-(f), 481.1151(b)(2), (3), (4), |
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| 43 | 43 | | or (5), 481.116(c), (d), or (e), 481.1161(b)(4), (5), or (6), |
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| 44 | 44 | | 481.117(c), (d), or (e), 481.118(c), (d), or (e), 481.120(b)(4), |
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| 45 | 45 | | (5), or (6), or 481.121(b)(4) or[,] (5)[, or (6)] is increased by |
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| 46 | 46 | | five years and the maximum fine for the offense is doubled if it is |
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| 47 | 47 | | shown on the trial of the offense that the offense was committed: |
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| 48 | 48 | | (1) in, on, or within 1,000 feet of the premises of a |
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| 49 | 49 | | school, the premises of a public or private youth center, or a |
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| 50 | 50 | | playground; or |
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| 51 | 51 | | (2) on a school bus. |
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| 52 | 52 | | SECTION 4. Article 42A.551(c), Code of Criminal Procedure, |
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| 53 | 53 | | is amended to read as follows: |
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| 54 | 54 | | (c) Subsection (a) does not apply to a defendant who: |
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| 55 | 55 | | (1) under Section 481.1151(b)(1), Health and Safety |
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| 56 | 56 | | Code, possessed more than five abuse units of the controlled |
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| 57 | 57 | | substance; or |
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| 58 | 58 | | (2) under Section 481.1161(b)(3), Health and Safety |
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| 59 | 59 | | Code, possessed more than one pound, by aggregate weight, including |
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| 60 | 60 | | adulterants or dilutants, of the controlled substance[; or |
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| 61 | 61 | | [(3) under Section 481.121(b)(3), Health and Safety |
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| 62 | 62 | | Code, possessed more than one pound of marihuana]. |
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| 63 | 63 | | SECTION 5. The amendments of Sections 481.121, 481.125, and |
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| 64 | 64 | | 481.134, Health and Safety Code, by this Act apply to an offense |
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| 65 | 65 | | committed under Section 481.121 or 481.125, Health and Safety Code, |
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| 66 | 66 | | or an offense committed under Section 481.121 and punishable under |
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| 67 | 67 | | Section 481.134, Health and Safety Code, before, on, or after |
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| 68 | 68 | | September 1, 2019, except that a final conviction for an offense |
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| 69 | 69 | | that exists on September 1, 2019, is unaffected by this Act. |
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| 70 | 70 | | SECTION 6. This Act takes effect September 1, 2019. |
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