Texas 2021 - 87th Regular

Texas House Bill HB169 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		87R963 LHC-D
2		-	By: Thompson of Harris~~, Reynolds, et al.~~ H.B. No. 169
	2	+	By: Thompson of Harris H.B. No. 169
3	3
4	4
5	5		A BILL TO BE ENTITLED
6	6		AN ACT
7	7		relating to the criminal penalties for the possession of small
8	8		amounts of Penalty Group 1 controlled substances and marihuana.
9	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10		SECTION 1. Section 481.115(b), Health and Safety Code, is
11	11		amended to read as follows:
12	12		(b) An offense under Subsection (a) is a Class A misdemeanor
13	13		[state jail felony] if the amount of the controlled substance
14	14		possessed is, by aggregate weight, including adulterants or
15	15		dilutants, less than one gram.
16	16		SECTION 2. Section 481.121(b), Health and Safety Code, is
17	17		amended to read as follows:
18	18		(b) An offense under Subsection (a) is:
19	19		(1) a Class C [B] misdemeanor if the amount of
20	20		marihuana possessed is two ounces or less;
21	21		(2) a Class A misdemeanor if the amount of marihuana
22	22		possessed is four ounces or less but more than two ounces;
23	23		(3) a state jail felony if the amount of marihuana
24	24		possessed is five pounds or less but more than four ounces;
25	25		(4) a felony of the third degree if the amount of
26	26		marihuana possessed is 50 pounds or less but more than 5 pounds;
27	27		(5) a felony of the second degree if the amount of
28	28		marihuana possessed is 2,000 pounds or less but more than 50 pounds;
29	29		and
30	30		(6) punishable by imprisonment in the Texas Department
31	31		of Criminal Justice for life or for a term of not more than 99 years
32	32		or less than 5 years, and a fine not to exceed $50,000, if the amount
33	33		of marihuana possessed is more than 2,000 pounds.
34	34		SECTION 3. Sections 481.134(d), (e), and (f), Health and
35	35		Safety Code, are amended to read as follows:
36	36		(d) An offense otherwise punishable under Section
37	37		481.112(b), 481.1121(b)(1), 481.113(b), 481.114(b), [481.115(b),]
38	38		481.1151(b)(1), 481.116(b), 481.1161(b)(3), 481.120(b)(3), or
39	39		481.121(b)(3) is a felony of the third degree if it is shown on the
40	40		trial of the offense that the offense was committed:
41	41		(1) in, on, or within 1,000 feet of any real property
42	42		that is owned, rented, or leased to a school or school board, the
43	43		premises of a public or private youth center, or a playground; or
44	44		(2) on a school bus.
45	45		(e) An offense otherwise punishable under Section
46	46		481.115(b), 481.117(b), 481.119(a), 481.120(b)(2), or
47	47		481.121(b)(2) is a state jail felony if it is shown on the trial of
48	48		the offense that the offense was committed:
49	49		(1) in, on, or within 1,000 feet of any real property
50	50		that is owned, rented, or leased to a school or school board, the
51	51		premises of a public or private youth center, or a playground; or
52	52		(2) on a school bus.
53	53		(f) An offense otherwise punishable under Section
54	54		481.118(b), 481.119(b), or 481.120(b)(1)[, or 481.121(b)(1)] is a
55	55		Class A misdemeanor if it is shown on the trial of the offense that
56	56		the offense was committed:
57	57		(1) in, on, or within 1,000 feet of any real property
58	58		that is owned, rented, or leased to a school or school board, the
59	59		premises of a public or private youth center, or a playground; or
60	60		(2) on a school bus.
61	61		SECTION 4. Article 14.06(d), Code of Criminal Procedure, is
62	62		amended to read as follows:
63	63		(d) Subsection (c) applies only to a person charged with
64	64		committing an offense under:
65	65		(1) Section 481.121, Health and Safety Code, if the
66	66		offense is punishable under Subsection (b)(2) [(b)(1) or (2)] of
67	67		that section;
68	68		(1-a) Section 481.1161, Health and Safety Code, if the
69	69		offense is punishable under Subsection (b)(1) or (2) of that
70	70		section;
71	71		(2) Section 28.03, Penal Code, if the offense is
72	72		punishable under Subsection (b)(2) of that section;
73	73		(3) Section 28.08, Penal Code, if the offense is
74	74		punishable under Subsection (b)(2) or (3) of that section;
75	75		(4) Section 31.03, Penal Code, if the offense is
76	76		punishable under Subsection (e)(2)(A) of that section;
77	77		(5) Section 31.04, Penal Code, if the offense is
78	78		punishable under Subsection (e)(2) of that section;
79	79		(6) Section 38.114, Penal Code, if the offense is
80	80		punishable as a Class B misdemeanor; or
81	81		(7) Section 521.457, Transportation Code.
82	82		SECTION 5. Article 42A.551(a), Code of Criminal Procedure,
83	83		is amended to read as follows:
84	84		(a) Except as otherwise provided by Subsection (b) or (c),
85	85		on conviction of a state jail felony under Section [481.115(b),]
86	86		481.1151(b)(1), 481.116(b), 481.1161(b)(3), 481.121(b)(3), or
87	87		481.129(g)(1), Health and Safety Code, that is punished under
88	88		Section 12.35(a), Penal Code, the judge shall suspend the
89	89		imposition of the sentence and place the defendant on community
90	90		supervision.
91	91		SECTION 6. Section 411.0728(a), Government Code, is amended
92	92		to read as follows:
93	93		(a) This section applies only to a person:
94	94		(1) who is convicted of or placed on deferred
95	95		adjudication community supervision for an offense under:
96	96		(A) Section 481.120, Health and Safety Code, if
97	97		the offense is punishable under Subsection (b)(1) of that section;
98	98		(B) [Section 481.121, Health and Safety Code, if
99	99		the offense is punishable under Subsection (b)(1);
100	100		[(C)] Section 31.03, Penal Code, if the offense is
101	101		punishable under Subsection (e)(1) or (2) of that section; or
102	102		(C) [(D)] Section 43.02, Penal Code; and
103	103		(2) who, if requested by the applicable law
104	104		enforcement agency or prosecuting attorney to provide assistance in
105	105		the investigation or prosecution of an offense under Section
106	106		20A.02, 20A.03, or 43.05, Penal Code, or a federal offense
107	107		containing elements that are substantially similar to the elements
108	108		of an offense under any of those sections:
109	109		(A) provided assistance in the investigation or
110	110		prosecution of the offense; or
111	111		(B) did not provide assistance in the
112	112		investigation or prosecution of the offense due to the person's age
113	113		or a physical or mental disability resulting from being a victim of
114	114		an offense described by this subdivision.
115	115		SECTION 7. The change in law made by this Act applies only
116	116		to an offense committed on or after the effective date of this Act.
117	117		An offense committed before the effective date of this Act is
118	118		governed by the law in effect on the date the offense was committed,
119	119		and the former law is continued in effect for that purpose. For
120	120		purposes of this section, an offense was committed before the
121	121		effective date of this Act if any element of the offense occurred
122	122		before that date.
123	123		SECTION 8. This Act takes effect September 1, 2021.