Texas 2021 - 87th Regular

Texas House Bill HB1735 Compare Versions

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

Old	New	Differences
1	1	87R4690 JSC-D
2	2	By: Wu H.B. No. 1735
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to criminal penalties for possession offenses under the
8	8	Texas Controlled Substances Act.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	ARTICLE 1. POSSESSION OFFENSE PENALTIES
11	11	SECTION 1.01. Section 481.115(c), Health and Safety Code,
12	12	is amended to read as follows:
13	13	(c) An offense under Subsection (a) is a felony of the third
14	14	degree with a maximum term of imprisonment of five years if the
15	15	amount of the controlled substance possessed is, by aggregate
16	16	weight, including adulterants or dilutants, one gram or more [but
17	17	less than four grams].
18	18	SECTION 1.02. Section 481.1151(b), Health and Safety Code,
19	19	is amended to read as follows:
20	20	(b) An offense under this section is:
21	21	(1) a state jail felony if the number of abuse units of
22	22	the controlled substance is fewer than 20; and
23	23	(2) a felony of the third degree with a maximum term of
24	24	imprisonment of five years if the number of abuse units of the
25	25	controlled substance is 20 or more [but fewer than 80;
26	26	[(3) a felony of the second degree if the number of
27	27	abuse units of the controlled substance is 80 or more but fewer than
28	28	4,000;
29	29	[(4) a felony of the first degree if the number of
30	30	abuse units of the controlled substance is 4,000 or more but fewer
31	31	than 8,000; and
32	32	[(5) punishable by imprisonment in the Texas
33	33	Department of Criminal Justice for life or for a term of not more
34	34	than 99 years or less than 15 years and a fine not to exceed
35	35	$250,000, if the number of abuse units of the controlled substance
36	36	is 8,000 or more].
37	37	SECTION 1.03. Section 481.116(c), Health and Safety Code,
38	38	is amended to read as follows:
39	39	(c) An offense under Subsection (a) is a felony of the third
40	40	degree with a maximum term of imprisonment of five years if the
41	41	amount of the controlled substance possessed is, by aggregate
42	42	weight, including adulterants or dilutants, one gram or more [but
43	43	less than four grams].
44	44	SECTION 1.04. Section 481.1161(b), Health and Safety Code,
45	45	is amended to read as follows:
46	46	(b) An offense under this section is:
47	47	(1) a Class B misdemeanor if the amount of the
48	48	controlled substance possessed is, by aggregate weight, including
49	49	adulterants or dilutants, two ounces or less;
50	50	(2) a Class A misdemeanor if the amount of the
51	51	controlled substance possessed is, by aggregate weight, including
52	52	adulterants or dilutants, four ounces or less but more than two
53	53	ounces;
54	54	(3) a state jail felony if the amount of the controlled
55	55	substance possessed is, by aggregate weight, including adulterants
56	56	or dilutants, five pounds or less but more than four ounces; and
57	57	(4) a felony of the third degree with a maximum term of
58	58	imprisonment of five years if the amount of the controlled
59	59	substance possessed is, by aggregate weight, including adulterants
60	60	or dilutants, [50 pounds or less but] more than 5 pounds[;
61	61	[(5) a felony of the second degree if the amount of the
62	62	controlled substance possessed is, by aggregate weight, including
63	63	adulterants or dilutants, 2,000 pounds or less but more than 50
64	64	pounds; and
65	65	[(6) punishable by imprisonment in the Texas
66	66	Department of Criminal Justice for life or for a term of not more
67	67	than 99 years or less than 5 years, and a fine not to exceed $50,000,
68	68	if the amount of the controlled substance possessed is, by
69	69	aggregate weight, including adulterants or dilutants, more than
70	70	2,000 pounds].
71	71	SECTION 1.05. Section 481.117(c), Health and Safety Code,
72	72	is amended to read as follows:
73	73	(c) An offense under Subsection (a) is a felony of the third
74	74	degree with a maximum term of imprisonment of five years if the
75	75	amount of the controlled substance possessed is, by aggregate
76	76	weight, including adulterants or dilutants, 28 grams or more [but
77	77	less than 200 grams].
78	78	SECTION 1.06. Section 481.118(c), Health and Safety Code,
79	79	is amended to read as follows:
80	80	(c) An offense under Subsection (a) is a felony of the third
81	81	degree with a maximum term of imprisonment of five years if the
82	82	amount of the controlled substance possessed is, by aggregate
83	83	weight, including adulterants or dilutants, 28 grams or more [but
84	84	less than 200 grams].
85	85	SECTION 1.07. Section 481.121(b), Health and Safety Code,
86	86	is amended to read as follows:
87	87	(b) An offense under Subsection (a) is:
88	88	(1) a Class B misdemeanor if the amount of marihuana
89	89	possessed is two ounces or less;
90	90	(2) a Class A misdemeanor if the amount of marihuana
91	91	possessed is four ounces or less but more than two ounces;
92	92	(3) a state jail felony if the amount of marihuana
93	93	possessed is five pounds or less but more than four ounces; and
94	94	(4) a felony of the third degree with a maximum term of
95	95	imprisonment of five years if the amount of marihuana possessed is
96	96	[50 pounds or less but] more than 5 pounds[;
97	97	[(5) a felony of the second degree if the amount of
98	98	marihuana possessed is 2,000 pounds or less but more than 50 pounds;
99	99	and
100	100	[(6) punishable by imprisonment in the Texas
101	101	Department of Criminal Justice for life or for a term of not more
102	102	than 99 years or less than 5 years, and a fine not to exceed $50,000,
103	103	if the amount of marihuana possessed is more than 2,000 pounds].
104	104	SECTION 1.08. Sections 481.115(d), (e), and (f), 481.116(d)
105	105	and (e), 481.117(d) and (e), 481.118(d) and (e), and 481.134(c),
106	106	(d), (e), (f), and (g), Health and Safety Code, are repealed.
107	107	ARTICLE 2. PRIOR CONVICTIONS
108	108	SECTION 2.01. Subchapter D, Chapter 12, Penal Code, is
109	109	amended by adding Section 12.495 to read as follows:
110	110	Sec. 12.495. DRUG POSSESSION OFFENSES NOT SUBJECT TO
111	111	ENHANCEMENT. Notwithstanding any other provision of this
112	112	subchapter:
113	113	(1) a previous conviction for an offense under Section
114	114	481.115, 481.1151, 481.116, 481.1161, 481.117, 481.118,
115	115	481.119(b), 481.121, or 481.125(a), Health and Safety Code, may not
116	116	be used for enhancement purposes under this subchapter; and
117	117	(2) a previous conviction for any offense may not be
118	118	used for enhancing an offense under Section 481.115, 481.1151,
119	119	481.116, 481.1161, 481.117, 481.118, 481.119(b), 481.121, or
120	120	481.125(a), Health and Safety Code, under any provision of this
121	121	subchapter.
122	122	ARTICLE 3. CONFORMING CHANGES
123	123	SECTION 3.01. Article 42A.054(a), Code of Criminal
124	124	Procedure, is amended to read as follows:
125	125	(a) Article 42A.053 does not apply to a defendant adjudged
126	126	guilty of an offense under:
127	127	(1) Section 15.03, Penal Code, if the offense is
128	128	punishable as a felony of the first degree;
129	129	(2) Section 19.02, Penal Code (Murder);
130	130	(3) Section 19.03, Penal Code (Capital Murder);
131	131	(4) Section 20.04, Penal Code (Aggravated
132	132	Kidnapping);
133	133	(5) Section 20A.02, Penal Code (Trafficking of
134	134	Persons);
135	135	(6) Section 20A.03, Penal Code (Continuous
136	136	Trafficking of Persons);
137	137	(7) Section 21.11, Penal Code (Indecency with a
138	138	Child);
139	139	(8) Section 22.011, Penal Code (Sexual Assault);
140	140	(9) Section 22.021, Penal Code (Aggravated Sexual
141	141	Assault);
142	142	(10) Section 22.04(a)(1), Penal Code (Injury to a
143	143	Child, Elderly Individual, or Disabled Individual), if:
144	144	(A) the offense is punishable as a felony of the
145	145	first degree; and
146	146	(B) the victim of the offense is a child;
147	147	(11) Section 29.03, Penal Code (Aggravated Robbery);
148	148	(12) Section 30.02, Penal Code (Burglary), if:
149	149	(A) the offense is punishable under Subsection
150	150	(d) of that section; and
151	151	(B) the actor committed the offense with the
152	152	intent to commit a felony under Section 21.02, 21.11, 22.011,
153	153	22.021, or 25.02, Penal Code;
154	154	(13) Section 43.04, Penal Code (Aggravated Promotion
155	155	of Prostitution);
156	156	(14) Section 43.05, Penal Code (Compelling
157	157	Prostitution);
158	158	(15) Section 43.25, Penal Code (Sexual Performance by
159	159	a Child); or
160	160	(16) Chapter 481, Health and Safety Code, for which
161	161	punishment is increased under[:
162	162	[(A)] Section 481.140 of that code (Use of Child
163	163	in Commission of Offense)[; or
164	164	[(B) Section 481.134(c), (d), (e), or (f) of that
165	165	code (Drug-free Zones) if it is shown that the defendant has been
166	166	previously convicted of an offense for which punishment was
167	167	increased under any of those subsections].
168	168	SECTION 3.02. Article 42A.056, Code of Criminal Procedure,
169	169	is amended to read as follows:
170	170	Art. 42A.056. LIMITATION ON JURY-RECOMMENDED COMMUNITY
171	171	SUPERVISION. A defendant is not eligible for community supervision
172	172	under Article 42A.055 if the defendant:
173	173	(1) is sentenced to a term of imprisonment that
174	174	exceeds 10 years;
175	175	(2) is convicted of a state jail felony for which
176	176	suspension of the imposition of the sentence occurs automatically
177	177	under Article 42A.551;
178	178	(3) is adjudged guilty of an offense under Section
179	179	19.02, Penal Code;
180	180	(4) is convicted of an offense under Section 21.11,
181	181	22.011, or 22.021, Penal Code, if the victim of the offense was
182	182	younger than 14 years of age at the time the offense was committed;
183	183	(5) is convicted of an offense under Section 20.04,
184	184	Penal Code, if:
185	185	(A) the victim of the offense was younger than 14
186	186	years of age at the time the offense was committed; and
187	187	(B) the actor committed the offense with the
188	188	intent to violate or abuse the victim sexually; or
189	189	(6) is convicted of an offense under Section 20A.02,
190	190	20A.03, 43.04, 43.05, or 43.25, Penal Code[; or
191	191	[(7) is convicted of an offense for which punishment
192	192	is increased under Section 481.134(c), (d), (e), or (f), Health and
193	193	Safety Code, if it is shown that the defendant has been previously
194	194	convicted of an offense for which punishment was increased under
195	195	any of those subsections].
196	196	SECTION 3.03. Article 42A.102(b), Code of Criminal
197	197	Procedure, as amended by Chapters 1137 (H.B. 2758) and 1298 (H.B.
198	198	3582), Acts of the 86th Legislature, Regular Session, 2019, is
199	199	reenacted and amended to read as follows:
200	200	(b) In all other cases, the judge may grant deferred
201	201	adjudication community supervision unless:
202	202	(1) the defendant is charged with an offense:
203	203	(A) under Section 20A.02, [or] 20A.03, [or]
204	204	49.045, 49.05, 49.065, 49.07, or 49.08, Penal Code;
205	205	(B) under Section 49.04 or 49.06, Penal Code,
206	206	and, at the time of the offense:
207	207	(i) the defendant held a commercial
208	208	driver's license or a commercial learner's permit; or
209	209	(ii) the defendant's alcohol concentration,
210	210	as defined by Section 49.01, Penal Code, was 0.15 or more; or
211	211	(C) for which punishment may be increased under
212	212	Section 49.09, Penal Code; [or
213	213	[(D) for which punishment may be increased under
214	214	Section 481.134(c), (d), (e), or (f), Health and Safety Code, if it
215	215	is shown that the defendant has been previously convicted of an
216	216	offense for which punishment was increased under any one of those
217	217	subsections;]
218	218	(2) the defendant:
219	219	(A) is charged with an offense under Section
220	220	21.11, 22.011, 22.021, 43.04, or 43.05, Penal Code, regardless of
221	221	the age of the victim, or a felony described by Article 42A.453(b),
222	222	other than a felony described by Subdivision (1)(A) or (3)(B) of
223	223	this subsection; and
224	224	(B) has previously been placed on community
225	225	supervision for an offense under Paragraph (A);
226	226	(3) the defendant is charged with an offense under:
227	227	(A) Section 21.02, Penal Code; or
228	228	(B) Section 22.021, Penal Code, that is
229	229	punishable under Subsection (f) of that section or under Section
230	230	12.42(c)(3) or (4), Penal Code; or
231	231	(4) the defendant is charged with an offense under
232	232	Section 19.02, Penal Code, except that the judge may grant deferred
233	233	adjudication community supervision on determining that the
234	234	defendant did not cause the death of the deceased, did not intend to
235	235	kill the deceased or another, and did not anticipate that a human
236	236	life would be taken.
237	237	SECTION 3.04. Section 481.126, Health and Safety Code, is
238	238	amended to read as follows:
239	239	Sec. 481.126. OFFENSE: ILLEGAL BARTER, EXPENDITURE, OR
240	240	INVESTMENT. (a) A person commits an offense if the person:
241	241	(1) barters property or expends funds the person knows
242	242	are derived from the commission of an offense under this chapter
243	243	punishable by imprisonment in the Texas Department of Criminal
244	244	Justice for life; or
245	245	(2) [barters property or expends funds the person
246	246	knows are derived from the commission of an offense under Section
247	247	481.121(a) that is punishable under Section 481.121(b)(5);
248	248	[(3)] barters property or finances or invests funds
249	249	the person knows or believes are intended to further the commission
250	250	of an offense for which the punishment is described by Subdivision
251	251	(1)[; or
252	252	[(4) barters property or finances or invests funds the
253	253	person knows or believes are intended to further the commission of
254	254	an offense under Section 481.121(a) that is punishable under
255	255	Section 481.121(b)(5)].
256	256	(b) An offense under this section [Subsection (a)(1) or (3)]
257	257	is a felony of the first degree. [An offense under Subsection
258	258	(a)(2) or (4) is a felony of the second degree.]
259	259	SECTION 3.05. Section 71.023(a), Penal Code, is amended to
260	260	read as follows:
261	261	(a) A person commits an offense if the person, as part of the
262	262	identifiable leadership of a criminal street gang, knowingly
263	263	finances, directs, or supervises the commission of, or a conspiracy
264	264	to commit, one or more of the following offenses by members of a
265	265	criminal street gang:
266	266	(1) a felony offense that is listed in Article
267	267	42A.054(a), Code of Criminal Procedure;
268	268	(2) a felony offense for which it is shown that a
269	269	deadly weapon, as defined by Section 1.07, was used or exhibited
270	270	during the commission of the offense or during immediate flight
271	271	from the commission of the offense; or
272	272	(3) an offense that is punishable under Section
273	273	481.112(e), 481.112(f), 481.1121(b)(4), [481.115(f),] or
274	274	481.120(b)(6), Health and Safety Code.
275	275	ARTICLE 4. TRANSITION; EFFECTIVE DATE
276	276	SECTION 4.01. The changes in law made by this Act apply to
277	277	an offense committed before, on, or after September 1, 2021, except
278	278	that a final conviction for an offense that exists on September 1,
279	279	2021, is unaffected by this Act.
280	280	SECTION 4.02. To the extent of any conflict, this Act
281	281	prevails over another Act of the 87th Legislature, Regular Session,
282	282	2021, relating to nonsubstantive additions to and corrections in
283	283	enacted codes.
284	284	SECTION 4.03. This Act takes effect September 1, 2021.