Texas 2021 - 87th Regular

Texas House Bill HB1609 Compare Versions

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

Old	New	Differences
1	1	87R6644 JSC-D
2	2	By: Crockett H.B. No. 1609
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the criminal penalties for possession of marihuana.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 481.121(b), Health and Safety Code, is
10	10	amended to read as follows:
11	11	(b) An offense under Subsection (a) is:
12	12	(1) a Class C [B misdemeanor if the amount of marihuana
13	13	possessed is two ounces or less;
14	14	[(2) a Class A] misdemeanor if the amount of marihuana
15	15	possessed is four ounces or less [but more than two ounces];
16	16	(2) [(3)] a state jail felony if the amount of
17	17	marihuana possessed is five pounds or less but more than four
18	18	ounces;
19	19	(3) [(4)] a felony of the third degree if the amount of
20	20	marihuana possessed is 50 pounds or less but more than 5 pounds;
21	21	(4) [(5)] a felony of the second degree if the amount
22	22	of marihuana possessed is 2,000 pounds or less but more than 50
23	23	pounds; and
24	24	(5) [(6)] punishable by imprisonment in the Texas
25	25	Department of Criminal Justice for life or for a term of not more
26	26	than 99 years or less than 5 years, and a fine not to exceed $50,000,
27	27	if the amount of marihuana possessed is more than 2,000 pounds.
28	28	SECTION 2. Article 14.06(d), Code of Criminal Procedure, is
29	29	amended to read as follows:
30	30	(d) Subsection (c) applies only to a person charged with
31	31	committing an offense under:
32	32	(1) [Section 481.121, Health and Safety Code, if the
33	33	offense is punishable under Subsection (b)(1) or (2) of that
34	34	section;
35	35	[(1-a)] Section 481.1161, Health and Safety Code, if
36	36	the offense is punishable under Subsection (b)(1) or (2) of that
37	37	section;
38	38	(2) Section 28.03, Penal Code, if the offense is
39	39	punishable under Subsection (b)(2) of that section;
40	40	(3) Section 28.08, Penal Code, if the offense is
41	41	punishable under Subsection (b)(2) or (3) of that section;
42	42	(4) Section 31.03, Penal Code, if the offense is
43	43	punishable under Subsection (e)(2)(A) of that section;
44	44	(5) Section 31.04, Penal Code, if the offense is
45	45	punishable under Subsection (e)(2) of that section;
46	46	(6) Section 38.114, Penal Code, if the offense is
47	47	punishable as a Class B misdemeanor; or
48	48	(7) Section 521.457, Transportation Code.
49	49	SECTION 3. Articles 42A.551(a) and (c), Code of Criminal
50	50	Procedure, are amended to read as follows:
51	51	(a) Except as otherwise provided by Subsection (b) or (c),
52	52	on conviction of a state jail felony under Section 481.115(b),
53	53	481.1151(b)(1), 481.116(b), 481.1161(b)(3), 481.121(b)(2)
54	54	[481.121(b)(3)], or 481.129(g)(1), Health and Safety Code, that is
55	55	punished under Section 12.35(a), Penal Code, the judge shall
56	56	suspend the imposition of the sentence and place the defendant on
57	57	community supervision.
58	58	(c) Subsection (a) does not apply to a defendant who:
59	59	(1) under Section 481.1151(b)(1), Health and Safety
60	60	Code, possessed more than five abuse units of the controlled
61	61	substance;
62	62	(2) under Section 481.1161(b)(3), Health and Safety
63	63	Code, possessed more than one pound, by aggregate weight, including
64	64	adulterants or dilutants, of the controlled substance; or
65	65	(3) under Section 481.121(b)(2) [481.121(b)(3)],
66	66	Health and Safety Code, possessed more than one pound of marihuana.
67	67	SECTION 4. Section 411.0728(a), Government Code, is amended
68	68	to read as follows:
69	69	(a) This section applies only to a person:
70	70	(1) who is convicted of or placed on deferred
71	71	adjudication community supervision for an offense under:
72	72	(A) Section 481.120, Health and Safety Code, if
73	73	the offense is punishable under Subsection (b)(1);
74	74	(B) [Section 481.121, Health and Safety Code, if
75	75	the offense is punishable under Subsection (b)(1);
76	76	[(C)] Section 31.03, Penal Code, if the offense is
77	77	punishable under Subsection (e)(1) or (2); or
78	78	(C) [(D)] Section 43.02, Penal Code; and
79	79	(2) who, if requested by the applicable law
80	80	enforcement agency or prosecuting attorney to provide assistance in
81	81	the investigation or prosecution of an offense under Section
82	82	20A.02, 20A.03, or 43.05, Penal Code, or a federal offense
83	83	containing elements that are substantially similar to the elements
84	84	of an offense under any of those sections:
85	85	(A) provided assistance in the investigation or
86	86	prosecution of the offense; or
87	87	(B) did not provide assistance in the
88	88	investigation or prosecution of the offense due to the person's age
89	89	or a physical or mental disability resulting from being a victim of
90	90	an offense described by this subdivision.
91	91	SECTION 5. Section 481.126(a), Health and Safety Code, is
92	92	amended to read as follows:
93	93	(a) A person commits an offense if the person:
94	94	(1) barters property or expends funds the person knows
95	95	are derived from the commission of an offense under this chapter
96	96	punishable by imprisonment in the Texas Department of Criminal
97	97	Justice for life;
98	98	(2) barters property or expends funds the person knows
99	99	are derived from the commission of an offense under Section
100	100	481.121(a) that is punishable under Subsection (b)(4) of that
101	101	section [Section 481.121(b)(5)];
102	102	(3) barters property or finances or invests funds the
103	103	person knows or believes are intended to further the commission of
104	104	an offense for which the punishment is described by Subdivision
105	105	(1); or
106	106	(4) barters property or finances or invests funds the
107	107	person knows or believes are intended to further the commission of
108	108	an offense under Section 481.121(a) that is punishable under
109	109	Subsection (b)(4) of that section [Section 481.121(b)(5)].
110	110	SECTION 6. Sections 481.134(c), (d), (e), and (f), Health
111	111	and Safety Code, are amended to read as follows:
112	112	(c) The minimum term of confinement or imprisonment for an
113	113	offense otherwise punishable under Section 481.112(c), (d), (e), or
114	114	(f), 481.1121(b)(2), (3), or (4), 481.113(c), (d), or (e),
115	115	481.114(c), (d), or (e), 481.115(c)-(f), 481.1151(b)(2), (3), (4),
116	116	or (5), 481.116(c), (d), or (e), 481.1161(b)(4), (5), or (6),
117	117	481.117(c), (d), or (e), 481.118(c), (d), or (e), 481.120(b)(4),
118	118	(5), or (6), or 481.121(b)(3), (4) [481.121(b)(4)], or (5)[, or
119	119	(6)] is increased by five years and the maximum fine for the offense
120	120	is doubled if it is shown on the trial of the offense that the
121	121	offense was committed:
122	122	(1) in, on, or within 1,000 feet of the premises of a
123	123	school, the premises of a public or private youth center, or a
124	124	playground; or
125	125	(2) on a school bus.
126	126	(d) An offense otherwise punishable under Section
127	127	481.112(b), 481.1121(b)(1), 481.113(b), 481.114(b), 481.115(b),
128	128	481.1151(b)(1), 481.116(b), 481.1161(b)(3), 481.120(b)(3), or
129	129	481.121(b)(2) [481.121(b)(3)] is a felony of the third degree if it
130	130	is shown on the trial of the offense that the offense was committed:
131	131	(1) in, on, or within 1,000 feet of any real property
132	132	that is owned, rented, or leased to a school or school board, the
133	133	premises of a public or private youth center, or a playground; or
134	134	(2) on a school bus.
135	135	(e) An offense otherwise punishable under Section
136	136	481.117(b), 481.119(a), or 481.120(b)(2)[, or 481.121(b)(2)] is a
137	137	state jail felony if it is shown on the trial of the offense that the
138	138	offense was committed:
139	139	(1) in, on, or within 1,000 feet of any real property
140	140	that is owned, rented, or leased to a school or school board, the
141	141	premises of a public or private youth center, or a playground; or
142	142	(2) on a school bus.
143	143	(f) An offense otherwise punishable under Section
144	144	481.118(b), 481.119(b), or 481.120(b)(1)[, or 481.121(b)(1)] is a
145	145	Class A misdemeanor if it is shown on the trial of the offense that
146	146	the offense was committed:
147	147	(1) in, on, or within 1,000 feet of any real property
148	148	that is owned, rented, or leased to a school or school board, the
149	149	premises of a public or private youth center, or a playground; or
150	150	(2) on a school bus.
151	151	SECTION 7. Sections 481.121 and 481.134, Health and Safety
152	152	Code, as amended by this Act, apply to an offense committed under
153	153	Section 481.121 or an offense committed under Section 481.121 and
154	154	punishable under Section 481.134 before, on, or after September 1,
155	155	2021, except that a final conviction for an offense that exists on
156	156	September 1, 2021, is unaffected by this Act.
157	157	SECTION 8. This Act takes effect September 1, 2021.