87R3240 JSC-D
By: Zwiener, Collier, White, Dutton, Toth, H.B. No. 441
et al.
A BILL TO BE ENTITLED
AN ACT
relating to the criminal and licensing consequences of certain
marihuana possession and drug paraphernalia possession offenses;
imposing a fee.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 481.121(b), Health and Safety Code, is
amended to read as follows:
(b) An offense under Subsection (a) is:
(1) a Class C misdemeanor if the amount of marihuana
possessed is one ounce or less;
(1-a) a Class B misdemeanor if the amount of marihuana
possessed is two ounces or less but more than one ounce;
(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;
(4) a felony of the third degree 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 2. Article 14.06, Code of Criminal Procedure, is
amended by adding Subsections (b-1) and (b-2) and amending
Subsection (d) to read as follows:
(b-1) A peace officer who is charging a person with
committing an offense under Section 481.121(b)(1) or 481.125(a),
Health and Safety Code, may not arrest the person and shall issue
the person a citation as provided by Subsection (b).
(b-2) Subsection (b-1) does not apply to an officer making
an arrest for an offense other than an offense under Section
481.121(b)(1) or 481.125(a), Health and Safety Code.
(d) Subsection (c) applies only to a person charged with
committing an offense under:
(1) Section 481.121, Health and Safety Code, if the
offense is punishable under Subsection (b)(1-a) [(b)(1)] or (2) of
that section;
(1-a) Section 481.1161, Health and Safety Code, if the
offense is punishable under Subsection (b)(1) or (2) of that
section;
(2) Section 28.03, Penal Code, if the offense is
punishable under Subsection (b)(2) of that section;
(3) Section 28.08, Penal Code, if the offense is
punishable under Subsection (b)(2) or (3) of that section;
(4) Section 31.03, Penal Code, if the offense is
punishable under Subsection (e)(2)(A) of that section;
(5) Section 31.04, Penal Code, if the offense is
punishable under Subsection (e)(2) of that section;
(6) Section 38.114, Penal Code, if the offense is
punishable as a Class B misdemeanor; or
(7) Section 521.457, Transportation Code.
SECTION 3. Subchapter B, Chapter 45, Code of Criminal
Procedure, is amended by adding Article 45.02161 to read as
follows:
Art. 45.02161. EXPUNCTION OF CERTAIN RECORDS. (a) This
article applies only to a person charged with an offense under
Section 481.121(b)(1) or 481.125(a), Health and Safety Code.
(b) Records of a person relating to a complaint may be
expunged under this article if:
(1) the complaint was dismissed under Article 45.051
or 45.052 or other law and:
(A) at least 180 days have elapsed from the date
of the dismissal; or
(B) at least one year has elapsed from the date of
the citation; or
(2) the person was acquitted of the offense.
(c) The person must make a written request to have the
records expunged. The request must be under oath.
(d) The court shall order all complaints, verdicts,
sentences, and prosecutorial and law enforcement records and any
other documents relating to the offense expunged from the person's
record if the court finds that the person satisfies the
requirements of this article.
(e) The justice or municipal court shall require a person
who requests expungement under this article to pay a fee in the
amount of $30 to defray the cost of notifying state agencies of
orders of expungement under this article.
(f) The procedures for expunction provided under this
article are separate and distinct from the expunction procedures
under Chapter 55.
SECTION 4. Article 45.051, Code of Criminal Procedure, is
amended by adding Subsections (a-2) and (e-1) to read as follows:
(a-2) Unless the defendant has previously received a
deferral of disposition for an offense under Section 481.121(b)(1)
or 481.125(a), Health and Safety Code, committed within the
12-month period preceding the date of the commission of the instant
offense, on plea of guilty or nolo contendere for either offense,
the judge shall defer further proceedings without entering an
adjudication of guilt and place the defendant on probation under
the provisions of this article.
(e-1) A court that dismisses a complaint under this article
for a person charged with an offense under Section 481.121(b)(1) or
481.125(a), Health and Safety Code, shall notify the defendant in
writing of the person's expunction rights under Article 45.02161
and provide the person with a copy of that article. The dismissed
complaint is not a conviction and may not be used against the person
for any purpose.
SECTION 5. Section 411.0728(a), Government Code, is amended
to read as follows:
(a) This section applies only to a person:
(1) who is convicted of or placed on deferred
adjudication community supervision for an offense under:
(A) Section 481.120, Health and Safety Code, if
the offense is punishable under Subsection (b)(1);
(B) Section 481.121, Health and Safety Code, if
the offense is punishable under Subsection (b)(1-a) [(b)(1)];
(C) Section 31.03, Penal Code, if the offense is
punishable under Subsection (e)(1) or (2); or
(D) Section 43.02, Penal Code; and
(2) who, if requested by the applicable law
enforcement agency or prosecuting attorney to provide assistance in
the investigation or prosecution of an offense under Section
20A.02, 20A.03, or 43.05, Penal Code, or a federal offense
containing elements that are substantially similar to the elements
of an offense under any of those sections:
(A) provided assistance in the investigation or
prosecution of the offense; or
(B) did not provide assistance in the
investigation or prosecution of the offense due to the person's age
or a physical or mental disability resulting from being a victim of
an offense described by this subdivision.
SECTION 6. Section 521.371(3), Transportation Code, is
amended to read as follows:
(3) "Drug offense" has the meaning assigned under 23
U.S.C. Section 159(c) and includes an offense under Section 49.04,
49.07, or 49.08, Penal Code, that is committed as a result of the
introduction into the body of any substance the possession of which
is prohibited under the Controlled Substances Act. The term does
not include an offense punishable by fine only under the laws of
this state.
SECTION 7. The changes in law made by this Act apply only to
an offense committed on or after the effective date of this Act. An
offense committed before the effective date of this Act is governed
by the law in effect on the date the offense was committed, and the
former law is continued in effect for that purpose. For purposes of
this section, an offense was committed before the effective date of
this Act if any element of the offense was committed before that
date.
SECTION 8. (a) Except as otherwise provided by this
section, this Act takes effect September 1, 2021.
(b) Section 521.371, Transportation Code, as amended by
this Act, takes effect on the 91st day after the date the office of
the attorney general publishes in the Texas Register a finding
that:
(1) the legislature of this state has adopted a
resolution expressing the legislature's opposition to a law meeting
the requirements of 23 U.S.C. Section 159 in suspending, revoking,
or denying the driver's license of a person convicted of a drug
offense punishable by fine only for a period of six months;
(2) the governor of this state has submitted to the
United States secretary of transportation:
(A) a written certification of the governor's
opposition to the enactment or enforcement of a law required under
23 U.S.C. Section 159 as that law relates to offenses punishable by
fine only; and
(B) a written certification that the legislature
has adopted the resolution described by Subdivision (1) of this
subsection; and
(3) the United States secretary of transportation has
responded to the governor's submission and certified that highway
funds will not be withheld from this state in response to the
partial repeal of the law required under 23 U.S.C. Section 159.