Texas 2021 - 87th Regular

Texas House Bill HB585 Compare Versions

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

Old	New	Differences
1	1	87R3205 MCF-F
2	2	By: Cole H.B. No. 585
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the prosecution of and penalties for possession of
8	8	marihuana.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 481.121(b), Health and Safety Code, is
11	11	amended to read as follows:
12	12	(b) An offense under Subsection (a) is:
13	13	(1) a Class C [B] misdemeanor if the amount of
14	14	marihuana possessed is two ounces or less;
15	15	(2) a Class B [A] misdemeanor if the amount of
16	16	marihuana possessed is four ounces or less but more than two ounces;
17	17	(3) a Class A misdemeanor [state jail felony] if the
18	18	amount of marihuana possessed is five pounds or less but more than
19	19	four ounces;
20	20	(4) a state jail felony [of the third degree] if the
21	21	amount of marihuana possessed is 50 pounds or less but more than 5
22	22	pounds;
23	23	(5) a felony of the third [second] degree if the amount
24	24	of marihuana possessed is 2,000 pounds or less but more than 50
25	25	pounds; and
26	26	(6) a felony of the second degree [punishable by
27	27	imprisonment in the Texas Department of Criminal Justice for life
28	28	or for a term of not more than 99 years or less than 5 years, and a
29	29	fine not to exceed $50,000,] if the amount of marihuana possessed is
30	30	more than 2,000 pounds.
31	31	SECTION 2. Section 481.126(a), Health and Safety Code, is
32	32	amended to read as follows:
33	33	(a) A person commits an offense if the person:
34	34	(1) barters property or expends funds the person knows
35	35	are derived from the commission of an offense under this chapter
36	36	punishable by imprisonment in the Texas Department of Criminal
37	37	Justice for life;
38	38	(2) barters property or expends funds the person knows
39	39	are derived from the commission of an offense under Section
40	40	481.121(a) that is punishable under Section 481.121(b)(6)
41	41	[481.121(b)(5)];
42	42	(3) barters property or finances or invests funds the
43	43	person knows or believes are intended to further the commission of
44	44	an offense for which the punishment is described by Subdivision
45	45	(1); or
46	46	(4) barters property or finances or invests funds the
47	47	person knows or believes are intended to further the commission of
48	48	an offense under Section 481.121(a) that is punishable under
49	49	Section 481.121(b)(6) [481.121(b)(5)].
50	50	SECTION 3. Sections 481.134(c), (d), (e), and (f), Health
51	51	and Safety Code, are amended to read as follows:
52	52	(c) The minimum term of confinement or imprisonment for an
53	53	offense otherwise punishable under Section 481.112(c), (d), (e), or
54	54	(f), 481.1121(b)(2), (3), or (4), 481.113(c), (d), or (e),
55	55	481.114(c), (d), or (e), 481.115(c), (d), (e), or (f)
56	56	[481.115(c)-(f)], 481.1151(b)(2), (3), (4), or (5), 481.116(c),
57	57	(d), or (e), 481.1161(b)(4), (5), or (6), 481.117(c), (d), or (e),
58	58	481.118(c), (d), or (e), 481.120(b)(4), (5), or (6), or
59	59	481.121(b)(5) or (6) [481.121(b)(4), (5), or (6)] is increased by
60	60	five years and the maximum fine for the offense is doubled if it is
61	61	shown on the trial of the offense that the offense was committed:
62	62	(1) in, on, or within 1,000 feet of the premises of a
63	63	school, the premises of a public or private youth center, or a
64	64	playground; or
65	65	(2) on a school bus.
66	66	(d) An offense otherwise punishable under Section
67	67	481.112(b), 481.1121(b)(1), 481.113(b), 481.114(b), 481.115(b),
68	68	481.1151(b)(1), 481.116(b), 481.1161(b)(3), 481.120(b)(3), or
69	69	481.121(b)(4) [481.121(b)(3)] is a felony of the third degree if it
70	70	is shown on the trial of the offense that the offense was committed:
71	71	(1) in, on, or within 1,000 feet of any real property
72	72	that is owned, rented, or leased to a school or school board, the
73	73	premises of a public or private youth center, or a playground; or
74	74	(2) on a school bus.
75	75	(e) An offense otherwise punishable under Section
76	76	481.117(b), 481.119(a), 481.120(b)(2), or 481.121(b)(3)
77	77	[481.121(b)(2)] is a state jail felony if it is shown on the trial
78	78	of the offense that the offense was committed:
79	79	(1) in, on, or within 1,000 feet of any real property
80	80	that is owned, rented, or leased to a school or school board, the
81	81	premises of a public or private youth center, or a playground; or
82	82	(2) on a school bus.
83	83	(f) An offense otherwise punishable under Section
84	84	481.118(b), 481.119(b), 481.120(b)(1), or 481.121(b)(2)
85	85	[481.121(b)(1)] is a Class A misdemeanor if it is shown on the trial
86	86	of the offense that the offense was committed:
87	87	(1) in, on, or within 1,000 feet of any real property
88	88	that is owned, rented, or leased to a school or school board, the
89	89	premises of a public or private youth center, or a playground; or
90	90	(2) on a school bus.
91	91	SECTION 4. Article 14.06(d), Code of Criminal Procedure, is
92	92	amended to read as follows:
93	93	(d) Subsection (c) applies only to a person charged with
94	94	committing an offense under:
95	95	(1) Section 481.121, Health and Safety Code, if the
96	96	offense is punishable under Subsection (b)(2) or (3) [(b)(1) or
97	97	(2)] of that section;
98	98	(1-a) Section 481.1161, Health and Safety Code, if the
99	99	offense is punishable under Subsection (b)(1) or (2) of that
100	100	section;
101	101	(2) Section 28.03, Penal Code, if the offense is
102	102	punishable under Subsection (b)(2) of that section;
103	103	(3) Section 28.08, Penal Code, if the offense is
104	104	punishable under Subsection (b)(2) or (3) of that section;
105	105	(4) Section 31.03, Penal Code, if the offense is
106	106	punishable under Subsection (e)(2)(A) of that section;
107	107	(5) Section 31.04, Penal Code, if the offense is
108	108	punishable under Subsection (e)(2) of that section;
109	109	(6) Section 38.114, Penal Code, if the offense is
110	110	punishable as a Class B misdemeanor; or
111	111	(7) Section 521.457, Transportation Code.
112	112	SECTION 5. Articles 42A.551(a) and (c), Code of Criminal
113	113	Procedure, are amended to read as follows:
114	114	(a) Except as otherwise provided by Subsection (b) or (c),
115	115	on conviction of a state jail felony under Section 481.115(b),
116	116	481.1151(b)(1), 481.116(b), 481.1161(b)(3), 481.121(b)(4)
117	117	[481.121(b)(3)], or 481.129(g)(1), Health and Safety Code, that is
118	118	punished under Section 12.35(a), Penal Code, the judge shall
119	119	suspend the imposition of the sentence and place the defendant on
120	120	community supervision.
121	121	(c) Subsection (a) does not apply to a defendant who:
122	122	(1) under Section 481.1151(b)(1), Health and Safety
123	123	Code, possessed more than five abuse units of the controlled
124	124	substance; or
125	125	(2) under Section 481.1161(b)(3), Health and Safety
126	126	Code, possessed more than one pound, by aggregate weight, including
127	127	adulterants or dilutants, of the controlled substance[; or
128	128	[(3) under Section 481.121(b)(3), Health and Safety
129	129	Code, possessed more than one pound of marihuana].
130	130	SECTION 6. Section 411.0728(a), Government Code, is amended
131	131	to read as follows:
132	132	(a) This section applies only to a person:
133	133	(1) who is convicted of or placed on deferred
134	134	adjudication community supervision for an offense under:
135	135	(A) Section 481.120, Health and Safety Code, if
136	136	the offense is punishable under Subsection (b)(1);
137	137	(B) Section 481.121, Health and Safety Code, if
138	138	the offense is punishable under Subsection (b)(2) [(b)(1)];
139	139	(C) Section 31.03, Penal Code, if the offense is
140	140	punishable under Subsection (e)(1) or (2); or
141	141	(D) Section 43.02, Penal Code; and
142	142	(2) who, if requested by the applicable law
143	143	enforcement agency or prosecuting attorney to provide assistance in
144	144	the investigation or prosecution of an offense under Section
145	145	20A.02, 20A.03, or 43.05, Penal Code, or a federal offense
146	146	containing elements that are substantially similar to the elements
147	147	of an offense under any of those sections:
148	148	(A) provided assistance in the investigation or
149	149	prosecution of the offense; or
150	150	(B) did not provide assistance in the
151	151	investigation or prosecution of the offense due to the person's age
152	152	or a physical or mental disability resulting from being a victim of
153	153	an offense described by this subdivision.
154	154	SECTION 7. The change in law made by this Act applies only
155	155	to an offense committed on or after the effective date of this Act.
156	156	An offense committed before the effective date of this Act is
157	157	governed by the law in effect on the date the offense was committed,
158	158	and the former law is continued in effect for that purpose. For
159	159	purposes of this section, an offense was committed before the
160	160	effective date of this Act if any element of the offense was
161	161	committed before that date.
162	162	SECTION 8. This Act takes effect September 1, 2021.