Texas 2021 - 87th Regular

Texas House Bill HB441 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		87R3240 JSC-D
2		-	By: Zwiener, Collier, White, Dutton, Toth, H.B. No. 441
3		-	et al.
	2	+	By: Zwiener, Collier, White, Dutton H.B. No. 441
	3	+	Substitute the following for H.B. No. 441:
	4	+	By: Collier C.S.H.B. No. 441
4	5
5	6
6	7		A BILL TO BE ENTITLED
7	8		AN ACT
8	9		relating to the criminal and licensing consequences of certain
9	10		marihuana possession and drug paraphernalia possession offenses;
10	11		imposing a fee.
11	12		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	13		SECTION 1. Section 481.121(b), Health and Safety Code, is
13	14		amended to read as follows:
14	15		(b) An offense under Subsection (a) is:
15	16		(1) a Class C misdemeanor if the amount of marihuana
16	17		possessed is one ounce or less;
17	18		(1-a) a Class B misdemeanor if the amount of marihuana
18	19		possessed is two ounces or less but more than one ounce;
19	20		(2) a Class A misdemeanor if the amount of marihuana
20	21		possessed is four ounces or less but more than two ounces;
21	22		(3) a state jail felony if the amount of marihuana
22	23		possessed is five pounds or less but more than four ounces;
23	24		(4) a felony of the third degree if the amount of
24	25		marihuana possessed is 50 pounds or less but more than 5 pounds;
25	26		(5) a felony of the second degree if the amount of
26	27		marihuana possessed is 2,000 pounds or less but more than 50 pounds;
27	28		and
28	29		(6) punishable by imprisonment in the Texas Department
29	30		of Criminal Justice for life or for a term of not more than 99 years
30	31		or less than 5 years, and a fine not to exceed $50,000, if the amount
31	32		of marihuana possessed is more than 2,000 pounds.
32	33		SECTION 2. Article 14.06, Code of Criminal Procedure, is
33	34		amended by adding Subsections (b-1) and (b-2) and amending
34	35		Subsection (d) to read as follows:
35	36		(b-1) A peace officer who is charging a person with
36	37		committing an offense under Section 481.121(b)(1) or 481.125(a),
37	38		Health and Safety Code, may not arrest the person and shall issue
38	39		the person a citation as provided by Subsection (b).
39	40		(b-2) Subsection (b-1) does not apply to an officer making
40	41		an arrest for an offense other than an offense under Section
41	42		481.121(b)(1) or 481.125(a), Health and Safety Code.
42	43		(d) Subsection (c) applies only to a person charged with
43	44		committing an offense under:
44	45		(1) Section 481.121, Health and Safety Code, if the
45	46		offense is punishable under Subsection (b)(1-a) [(b)(1)] or (2) of
46	47		that section;
47	48		(1-a) Section 481.1161, Health and Safety Code, if the
48	49		offense is punishable under Subsection (b)(1) or (2) of that
49	50		section;
50	51		(2) Section 28.03, Penal Code, if the offense is
51	52		punishable under Subsection (b)(2) of that section;
52	53		(3) Section 28.08, Penal Code, if the offense is
53	54		punishable under Subsection (b)(2) or (3) of that section;
54	55		(4) Section 31.03, Penal Code, if the offense is
55	56		punishable under Subsection (e)(2)(A) of that section;
56	57		(5) Section 31.04, Penal Code, if the offense is
57	58		punishable under Subsection (e)(2) of that section;
58	59		(6) Section 38.114, Penal Code, if the offense is
59	60		punishable as a Class B misdemeanor; or
60	61		(7) Section 521.457, Transportation Code.
61	62		SECTION 3. Subchapter B, Chapter 45, Code of Criminal
62	63		Procedure, is amended by adding Article 45.02161 to read as
63	64		follows:
64	65		Art. 45.02161. EXPUNCTION OF CERTAIN RECORDS. (a) This
65	66		article applies only to a person charged with an offense under
66	67		Section 481.121(b)(1) or 481.125(a), Health and Safety Code.
67	68		(b) Records of a person relating to a complaint may be
68	69		expunged under this article if:
69	70		(1) the complaint was dismissed under Article 45.051
70	71		or 45.052 or other law and:
71	72		(A) at least 180 days have elapsed from the date
72	73		of the dismissal; or
73	74		(B) at least one year has elapsed from the date of
74	75		the citation; or
75	76		(2) the person was acquitted of the offense.
76	77		(c) The person must make a written request to have the
77	78		records expunged. The request must be under oath.
78	79		(d) The court shall order all complaints, verdicts,
79	80		sentences, and prosecutorial and law enforcement records and any
80	81		other documents relating to the offense expunged from the person's
81	82		record if the court finds that the person satisfies the
82	83		requirements of this article.
83	84		(e) The justice or municipal court shall require a person
84	85		who requests expungement under this article to pay a fee in the
85	86		amount of $30 to defray the cost of notifying state agencies of
86	87		orders of expungement under this article.
87	88		(f) The procedures for expunction provided under this
88	89		article are separate and distinct from the expunction procedures
89	90		under Chapter 55.
90	91		SECTION 4. Article 45.051, Code of Criminal Procedure, is
91	92		amended by adding Subsections (a-2) and (e-1) to read as follows:
92	93		(a-2) Unless the defendant has previously received a
93	94		deferral of disposition for an offense under Section 481.121(b)(1)
94	95		or 481.125(a), Health and Safety Code, committed within the
95	96		12-month period preceding the date of the commission of the instant
96	97		offense, on plea of guilty or nolo contendere for either offense,
97	98		the judge shall defer further proceedings without entering an
98	99		adjudication of guilt and place the defendant on probation under
99	100		the provisions of this article.
100	101		(e-1) A court that dismisses a complaint under this article
101	102		for a person charged with an offense under Section 481.121(b)(1) or
102	103		481.125(a), Health and Safety Code, shall notify the defendant in
103	104		writing of the person's expunction rights under Article 45.02161
104	105		and provide the person with a copy of that article. The dismissed
105	106		complaint is not a conviction and may not be used against the person
106	107		for any purpose.
107	108		SECTION 5. Section 411.0728(a), Government Code, is amended
108	109		to read as follows:
109	110		(a) This section applies only to a person:
110	111		(1) who is convicted of or placed on deferred
111	112		adjudication community supervision for an offense under:
112	113		(A) Section 481.120, Health and Safety Code, if
113	114		the offense is punishable under Subsection (b)(1);
114	115		(B) Section 481.121, Health and Safety Code, if
115	116		the offense is punishable under Subsection (b)(1-a) [(b)(1)];
116	117		(C) Section 31.03, Penal Code, if the offense is
117	118		punishable under Subsection (e)(1) or (2); or
118	119		(D) Section 43.02, Penal Code; and
119	120		(2) who, if requested by the applicable law
120	121		enforcement agency or prosecuting attorney to provide assistance in
121	122		the investigation or prosecution of an offense under Section
122	123		20A.02, 20A.03, or 43.05, Penal Code, or a federal offense
123	124		containing elements that are substantially similar to the elements
124	125		of an offense under any of those sections:
125	126		(A) provided assistance in the investigation or
126	127		prosecution of the offense; or
127	128		(B) did not provide assistance in the
128	129		investigation or prosecution of the offense due to the person's age
129	130		or a physical or mental disability resulting from being a victim of
130	131		an offense described by this subdivision.
131	132		SECTION 6. Section 521.371(3), Transportation Code, is
132	133		amended to read as follows:
133	134		(3) "Drug offense" has the meaning assigned under 23
134	135		U.S.C. Section 159(c) and includes an offense under Section 49.04,
135	136		49.07, or 49.08, Penal Code, that is committed as a result of the
136	137		introduction into the body of any substance the possession of which
137	138		is prohibited under the Controlled Substances Act. The term does
138	139		not include an offense punishable by fine only under the laws of
139	140		this state.
140	141		SECTION 7. The changes in law made by this Act apply only to
141	142		an offense committed on or after the effective date of this Act. An
142	143		offense committed before the effective date of this Act is governed
143	144		by the law in effect on the date the offense was committed, and the
144	145		former law is continued in effect for that purpose. For purposes of
145	146		this section, an offense was committed before the effective date of
146	147		this Act if any element of the offense was committed before that
147	148		date.
148	149		SECTION 8. (a) Except as otherwise provided by this
149	150		section, this Act takes effect September 1, 2021.
150	151		(b) Section 521.371, Transportation Code, as amended by
151	152		this Act, takes effect on the 91st day after the date the office of
152	153		the attorney general publishes in the Texas Register a finding
153	154		that:
154	155		(1) the legislature of this state has adopted a
155	156		resolution expressing the legislature's opposition to a law meeting
156	157		the requirements of 23 U.S.C. Section 159 in suspending, revoking,
157	158		or denying the driver's license of a person convicted of a drug
158	159		offense punishable by fine only for a period of six months;
159	160		(2) the governor of this state has submitted to the
160	161		United States secretary of transportation:
161	162		(A) a written certification of the governor's
162	163		opposition to the enactment or enforcement of a law required under
163	164		23 U.S.C. Section 159 as that law relates to offenses punishable by
164	165		fine only; and
165	166		(B) a written certification that the legislature
166	167		has adopted the resolution described by Subdivision (1) of this
167	168		subsection; and
168	169		(3) the United States secretary of transportation has
169	170		responded to the governor's submission and certified that highway
170	171		funds will not be withheld from this state in response to the
171	172		partial repeal of the law required under 23 U.S.C. Section 159.