| 1 | 1 | | 87R8768 JSC-D |
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| 2 | 2 | | By: Crockett H.B. No. 3170 |
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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 the mandatory placement on deferred adjudication |
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| 8 | 8 | | community supervision of certain defendants charged with |
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| 9 | 9 | | possession of certain substances listed in Penalty Group 2 under |
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| 10 | 10 | | the Texas Controlled Substances Act. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Subchapter C, Chapter 42A, Code of Criminal |
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| 13 | 13 | | Procedure, is amended by adding Article 42A.1025 to read as |
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| 14 | 14 | | follows: |
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| 15 | 15 | | Art. 42A.1025. MANDATORY PLACEMENT ON DEFERRED |
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| 16 | 16 | | ADJUDICATION COMMUNITY SUPERVISION; CERTAIN DRUG POSSESSION |
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| 17 | 17 | | OFFENSES. (a) This article applies to an offense under Section |
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| 18 | 18 | | 481.116, Health and Safety Code, if the controlled substance |
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| 19 | 19 | | possessed was a tetrahydrocannabinol, other than marihuana, or |
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| 20 | 20 | | synthetic equivalents of the substances contained in the plant, or |
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| 21 | 21 | | in the resinous extractives of Cannabis, or synthetic substances, |
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| 22 | 22 | | derivatives, or their isomers with similar chemical structure and |
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| 23 | 23 | | pharmacological activity. |
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| 24 | 24 | | (b) A judge shall place a defendant charged with an offense |
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| 25 | 25 | | described by Subsection (a) on deferred adjudication community |
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| 26 | 26 | | supervision unless the defendant is otherwise ineligible for |
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| 27 | 27 | | deferred adjudication community supervision under Article |
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| 28 | 28 | | 42A.102(b). |
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| 29 | 29 | | SECTION 2. The change in law made by this Act applies only |
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| 30 | 30 | | to an offense committed on or after the effective date of this Act. |
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| 31 | 31 | | An offense committed before the effective date of this Act is |
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| 32 | 32 | | governed by the law in effect on the date the offense was committed, |
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| 33 | 33 | | and the former law is continued in effect for that purpose. For |
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| 34 | 34 | | purposes of this section, an offense was committed before the |
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| 35 | 35 | | effective date of this Act if any element of the offense occurred |
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| 36 | 36 | | before that date. |
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| 37 | 37 | | SECTION 3. This Act takes effect September 1, 2021. |
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