87R4690 JSC-D
By: Wu H.B. No. 1735
A BILL TO BE ENTITLED
AN ACT
relating to criminal penalties for possession offenses under the
Texas Controlled Substances Act.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. POSSESSION OFFENSE PENALTIES
SECTION 1.01. Section 481.115(c), Health and Safety Code,
is amended to read as follows:
(c) An offense under Subsection (a) is a felony of the third
degree with a maximum term of imprisonment of five years if the
amount of the controlled substance possessed is, by aggregate
weight, including adulterants or dilutants, one gram or more [but
less than four grams].
SECTION 1.02. Section 481.1151(b), Health and Safety Code,
is amended to read as follows:
(b) An offense under this section is:
(1) a state jail felony if the number of abuse units of
the controlled substance is fewer than 20; and
(2) a felony of the third degree with a maximum term of
imprisonment of five years if the number of abuse units of the
controlled substance is 20 or more [but fewer than 80;
[(3) a felony of the second degree if the number of
abuse units of the controlled substance is 80 or more but fewer than
4,000;
[(4) a felony of the first degree if the number of
abuse units of the controlled substance is 4,000 or more but fewer
than 8,000; and
[(5) punishable by imprisonment in the Texas
Department of Criminal Justice for life or for a term of not more
than 99 years or less than 15 years and a fine not to exceed
$250,000, if the number of abuse units of the controlled substance
is 8,000 or more].
SECTION 1.03. Section 481.116(c), Health and Safety Code,
is amended to read as follows:
(c) An offense under Subsection (a) is a felony of the third
degree with a maximum term of imprisonment of five years if the
amount of the controlled substance possessed is, by aggregate
weight, including adulterants or dilutants, one gram or more [but
less than four grams].
SECTION 1.04. Section 481.1161(b), Health and Safety Code,
is amended to read as follows:
(b) An offense under this section is:
(1) a Class B misdemeanor if the amount of the
controlled substance possessed is, by aggregate weight, including
adulterants or dilutants, two ounces or less;
(2) a Class A misdemeanor if the amount of the
controlled substance possessed is, by aggregate weight, including
adulterants or dilutants, four ounces or less but more than two
ounces;
(3) a state jail felony if the amount of the controlled
substance possessed is, by aggregate weight, including adulterants
or dilutants, five pounds or less but more than four ounces; and
(4) a felony of the third degree with a maximum term of
imprisonment of five years if the amount of the controlled
substance possessed is, by aggregate weight, including adulterants
or dilutants, [50 pounds or less but] more than 5 pounds[;
[(5) a felony of the second degree if the amount of the
controlled substance possessed is, by aggregate weight, including
adulterants or dilutants, 2,000 pounds or less but more than 50
pounds; and
[(6) punishable by imprisonment in the Texas
Department of Criminal Justice for life or for a term of not more
than 99 years or less than 5 years, and a fine not to exceed $50,000,
if the amount of the controlled substance possessed is, by
aggregate weight, including adulterants or dilutants, more than
2,000 pounds].
SECTION 1.05. Section 481.117(c), Health and Safety Code,
is amended to read as follows:
(c) An offense under Subsection (a) is a felony of the third
degree with a maximum term of imprisonment of five years if the
amount of the controlled substance possessed is, by aggregate
weight, including adulterants or dilutants, 28 grams or more [but
less than 200 grams].
SECTION 1.06. Section 481.118(c), Health and Safety Code,
is amended to read as follows:
(c) An offense under Subsection (a) is a felony of the third
degree with a maximum term of imprisonment of five years if the
amount of the controlled substance possessed is, by aggregate
weight, including adulterants or dilutants, 28 grams or more [but
less than 200 grams].
SECTION 1.07. Section 481.121(b), Health and Safety Code,
is amended to read as follows:
(b) An offense under Subsection (a) is:
(1) a Class B misdemeanor if the amount of marihuana
possessed is two ounces or less;
(2) a Class A misdemeanor if the amount of marihuana
possessed is four ounces or less but more than two ounces;
(3) a state jail felony if the amount of marihuana
possessed is five pounds or less but more than four ounces; and
(4) a felony of the third degree with a maximum term of
imprisonment of five years if the amount of marihuana possessed is
[50 pounds or less but] more than 5 pounds[;
[(5) a felony of the second degree if the amount of
marihuana possessed is 2,000 pounds or less but more than 50 pounds;
and
[(6) punishable by imprisonment in the Texas
Department of Criminal Justice for life or for a term of not more
than 99 years or less than 5 years, and a fine not to exceed $50,000,
if the amount of marihuana possessed is more than 2,000 pounds].
SECTION 1.08. Sections 481.115(d), (e), and (f), 481.116(d)
and (e), 481.117(d) and (e), 481.118(d) and (e), and 481.134(c),
(d), (e), (f), and (g), Health and Safety Code, are repealed.
ARTICLE 2. PRIOR CONVICTIONS
SECTION 2.01. Subchapter D, Chapter 12, Penal Code, is
amended by adding Section 12.495 to read as follows:
Sec. 12.495. DRUG POSSESSION OFFENSES NOT SUBJECT TO
ENHANCEMENT. Notwithstanding any other provision of this
subchapter:
(1) a previous conviction for an offense under Section
481.115, 481.1151, 481.116, 481.1161, 481.117, 481.118,
481.119(b), 481.121, or 481.125(a), Health and Safety Code, may not
be used for enhancement purposes under this subchapter; and
(2) a previous conviction for any offense may not be
used for enhancing an offense under Section 481.115, 481.1151,
481.116, 481.1161, 481.117, 481.118, 481.119(b), 481.121, or
481.125(a), Health and Safety Code, under any provision of this
subchapter.
ARTICLE 3. CONFORMING CHANGES
SECTION 3.01. Article 42A.054(a), Code of Criminal
Procedure, is amended to read as follows:
(a) Article 42A.053 does not apply to a defendant adjudged
guilty of an offense under:
(1) Section 15.03, Penal Code, if the offense is
punishable as a felony of the first degree;
(2) Section 19.02, Penal Code (Murder);
(3) Section 19.03, Penal Code (Capital Murder);
(4) Section 20.04, Penal Code (Aggravated
Kidnapping);
(5) Section 20A.02, Penal Code (Trafficking of
Persons);
(6) Section 20A.03, Penal Code (Continuous
Trafficking of Persons);
(7) Section 21.11, Penal Code (Indecency with a
Child);
(8) Section 22.011, Penal Code (Sexual Assault);
(9) Section 22.021, Penal Code (Aggravated Sexual
Assault);
(10) Section 22.04(a)(1), Penal Code (Injury to a
Child, Elderly Individual, or Disabled Individual), if:
(A) the offense is punishable as a felony of the
first degree; and
(B) the victim of the offense is a child;
(11) Section 29.03, Penal Code (Aggravated Robbery);
(12) Section 30.02, Penal Code (Burglary), if:
(A) the offense is punishable under Subsection
(d) of that section; and
(B) the actor committed the offense with the
intent to commit a felony under Section 21.02, 21.11, 22.011,
22.021, or 25.02, Penal Code;
(13) Section 43.04, Penal Code (Aggravated Promotion
of Prostitution);
(14) Section 43.05, Penal Code (Compelling
Prostitution);
(15) Section 43.25, Penal Code (Sexual Performance by
a Child); or
(16) Chapter 481, Health and Safety Code, for which
punishment is increased under[:
[(A)] Section 481.140 of that code (Use of Child
in Commission of Offense)[; or
[(B) Section 481.134(c), (d), (e), or (f) of that
code (Drug-free Zones) if it is shown that the defendant has been
previously convicted of an offense for which punishment was
increased under any of those subsections].
SECTION 3.02. Article 42A.056, Code of Criminal Procedure,
is amended to read as follows:
Art. 42A.056. LIMITATION ON JURY-RECOMMENDED COMMUNITY
SUPERVISION. A defendant is not eligible for community supervision
under Article 42A.055 if the defendant:
(1) is sentenced to a term of imprisonment that
exceeds 10 years;
(2) is convicted of a state jail felony for which
suspension of the imposition of the sentence occurs automatically
under Article 42A.551;
(3) is adjudged guilty of an offense under Section
19.02, Penal Code;
(4) is convicted of an offense under Section 21.11,
22.011, or 22.021, Penal Code, if the victim of the offense was
younger than 14 years of age at the time the offense was committed;
(5) is convicted of an offense under Section 20.04,
Penal Code, if:
(A) the victim of the offense was younger than 14
years of age at the time the offense was committed; and
(B) the actor committed the offense with the
intent to violate or abuse the victim sexually; or
(6) is convicted of an offense under Section 20A.02,
20A.03, 43.04, 43.05, or 43.25, Penal Code[; or
[(7) is convicted of an offense for which punishment
is increased under Section 481.134(c), (d), (e), or (f), Health and
Safety Code, if it is shown that the defendant has been previously
convicted of an offense for which punishment was increased under
any of those subsections].
SECTION 3.03. Article 42A.102(b), Code of Criminal
Procedure, as amended by Chapters 1137 (H.B. 2758) and 1298 (H.B.
3582), Acts of the 86th Legislature, Regular Session, 2019, is
reenacted and amended to read as follows:
(b) In all other cases, the judge may grant deferred
adjudication community supervision unless:
(1) the defendant is charged with an offense:
(A) under Section 20A.02, [or] 20A.03, [or]
49.045, 49.05, 49.065, 49.07, or 49.08, Penal Code;
(B) under Section 49.04 or 49.06, Penal Code,
and, at the time of the offense:
(i) the defendant held a commercial
driver's license or a commercial learner's permit; or
(ii) the defendant's alcohol concentration,
as defined by Section 49.01, Penal Code, was 0.15 or more; or
(C) for which punishment may be increased under
Section 49.09, Penal Code; [or
[(D) for which punishment may be increased under
Section 481.134(c), (d), (e), or (f), Health and Safety Code, if it
is shown that the defendant has been previously convicted of an
offense for which punishment was increased under any one of those
subsections;]
(2) the defendant:
(A) is charged with an offense under Section
21.11, 22.011, 22.021, 43.04, or 43.05, Penal Code, regardless of
the age of the victim, or a felony described by Article 42A.453(b),
other than a felony described by Subdivision (1)(A) or (3)(B) of
this subsection; and
(B) has previously been placed on community
supervision for an offense under Paragraph (A);
(3) the defendant is charged with an offense under:
(A) Section 21.02, Penal Code; or
(B) Section 22.021, Penal Code, that is
punishable under Subsection (f) of that section or under Section
12.42(c)(3) or (4), Penal Code; or
(4) the defendant is charged with an offense under
Section 19.02, Penal Code, except that the judge may grant deferred
adjudication community supervision on determining that the
defendant did not cause the death of the deceased, did not intend to
kill the deceased or another, and did not anticipate that a human
life would be taken.
SECTION 3.04. Section 481.126, Health and Safety Code, is
amended to read as follows:
Sec. 481.126. OFFENSE: ILLEGAL BARTER, EXPENDITURE, OR
INVESTMENT. (a) A person commits an offense if the person:
(1) barters property or expends funds the person knows
are derived from the commission of an offense under this chapter
punishable by imprisonment in the Texas Department of Criminal
Justice for life; or
(2) [barters property or expends funds the person
knows are derived from the commission of an offense under Section
481.121(a) that is punishable under Section 481.121(b)(5);
[(3)] barters property or finances or invests funds
the person knows or believes are intended to further the commission
of an offense for which the punishment is described by Subdivision
(1)[; or
[(4) barters property or finances or invests funds the
person knows or believes are intended to further the commission of
an offense under Section 481.121(a) that is punishable under
Section 481.121(b)(5)].
(b) An offense under this section [Subsection (a)(1) or (3)]
is a felony of the first degree. [An offense under Subsection
(a)(2) or (4) is a felony of the second degree.]
SECTION 3.05. Section 71.023(a), Penal Code, is amended to
read as follows:
(a) A person commits an offense if the person, as part of the
identifiable leadership of a criminal street gang, knowingly
finances, directs, or supervises the commission of, or a conspiracy
to commit, one or more of the following offenses by members of a
criminal street gang:
(1) a felony offense that is listed in Article
42A.054(a), Code of Criminal Procedure;
(2) a felony offense for which it is shown that a
deadly weapon, as defined by Section 1.07, was used or exhibited
during the commission of the offense or during immediate flight
from the commission of the offense; or
(3) an offense that is punishable under Section
481.112(e), 481.112(f), 481.1121(b)(4), [481.115(f),] or
481.120(b)(6), Health and Safety Code.
ARTICLE 4. TRANSITION; EFFECTIVE DATE
SECTION 4.01. The changes in law made by this Act apply to
an offense committed before, on, or after September 1, 2021, except
that a final conviction for an offense that exists on September 1,
2021, is unaffected by this Act.
SECTION 4.02. To the extent of any conflict, this Act
prevails over another Act of the 87th Legislature, Regular Session,
2021, relating to nonsubstantive additions to and corrections in
enacted codes.
SECTION 4.03. This Act takes effect September 1, 2021.