87R3205 MCF-F
By: Cole H.B. No. 585
A BILL TO BE ENTITLED
AN ACT
relating to the prosecution of and penalties for possession of
marihuana.
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 [B] misdemeanor if the amount of
marihuana possessed is two ounces or less;
(2) a Class B [A] misdemeanor if the amount of
marihuana possessed is four ounces or less but more than two ounces;
(3) a Class A misdemeanor [state jail felony] if the
amount of marihuana possessed is five pounds or less but more than
four ounces;
(4) a state jail 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 third [second] degree if the amount
of marihuana possessed is 2,000 pounds or less but more than 50
pounds; and
(6) a felony of the second degree [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. Section 481.126(a), Health and Safety Code, is
amended to read as follows:
(a) A person commits an offense if the person:
(1) barters property or expends funds the person knows
are derived from the commission of an offense under this chapter
punishable by imprisonment in the Texas Department of Criminal
Justice for life;
(2) barters property or expends funds the person knows
are derived from the commission of an offense under Section
481.121(a) that is punishable under Section 481.121(b)(6)
[481.121(b)(5)];
(3) barters property or finances or invests funds the
person knows or believes are intended to further the commission of
an offense for which the punishment is described by Subdivision
(1); or
(4) barters property or finances or invests funds the
person knows or believes are intended to further the commission of
an offense under Section 481.121(a) that is punishable under
Section 481.121(b)(6) [481.121(b)(5)].
SECTION 3. Sections 481.134(c), (d), (e), and (f), Health
and Safety Code, are amended to read as follows:
(c) The minimum term of confinement or imprisonment for an
offense otherwise punishable under Section 481.112(c), (d), (e), or
(f), 481.1121(b)(2), (3), or (4), 481.113(c), (d), or (e),
481.114(c), (d), or (e), 481.115(c), (d), (e), or (f)
[481.115(c)-(f)], 481.1151(b)(2), (3), (4), or (5), 481.116(c),
(d), or (e), 481.1161(b)(4), (5), or (6), 481.117(c), (d), or (e),
481.118(c), (d), or (e), 481.120(b)(4), (5), or (6), or
481.121(b)(5) or (6) [481.121(b)(4), (5), or (6)] is increased by
five years and the maximum fine for the offense is doubled if it is
shown on the trial of the offense that the offense was committed:
(1) in, on, or within 1,000 feet of the premises of a
school, the premises of a public or private youth center, or a
playground; or
(2) on a school bus.
(d) An offense otherwise punishable under Section
481.112(b), 481.1121(b)(1), 481.113(b), 481.114(b), 481.115(b),
481.1151(b)(1), 481.116(b), 481.1161(b)(3), 481.120(b)(3), or
481.121(b)(4) [481.121(b)(3)] is a felony of the third degree if it
is shown on the trial of the offense that the offense was committed:
(1) in, on, or within 1,000 feet of any real property
that is owned, rented, or leased to a school or school board, the
premises of a public or private youth center, or a playground; or
(2) on a school bus.
(e) An offense otherwise punishable under Section
481.117(b), 481.119(a), 481.120(b)(2), or 481.121(b)(3)
[481.121(b)(2)] is a state jail felony if it is shown on the trial
of the offense that the offense was committed:
(1) in, on, or within 1,000 feet of any real property
that is owned, rented, or leased to a school or school board, the
premises of a public or private youth center, or a playground; or
(2) on a school bus.
(f) An offense otherwise punishable under Section
481.118(b), 481.119(b), 481.120(b)(1), or 481.121(b)(2)
[481.121(b)(1)] is a Class A misdemeanor if it is shown on the trial
of the offense that the offense was committed:
(1) in, on, or within 1,000 feet of any real property
that is owned, rented, or leased to a school or school board, the
premises of a public or private youth center, or a playground; or
(2) on a school bus.
SECTION 4. Article 14.06(d), Code of Criminal Procedure, is
amended to read as follows:
(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)(2) or (3) [(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 5. Articles 42A.551(a) and (c), Code of Criminal
Procedure, are amended to read as follows:
(a) Except as otherwise provided by Subsection (b) or (c),
on conviction of a state jail felony under Section 481.115(b),
481.1151(b)(1), 481.116(b), 481.1161(b)(3), 481.121(b)(4)
[481.121(b)(3)], or 481.129(g)(1), Health and Safety Code, that is
punished under Section 12.35(a), Penal Code, the judge shall
suspend the imposition of the sentence and place the defendant on
community supervision.
(c) Subsection (a) does not apply to a defendant who:
(1) under Section 481.1151(b)(1), Health and Safety
Code, possessed more than five abuse units of the controlled
substance; or
(2) under Section 481.1161(b)(3), Health and Safety
Code, possessed more than one pound, by aggregate weight, including
adulterants or dilutants, of the controlled substance[; or
[(3) under Section 481.121(b)(3), Health and Safety
Code, possessed more than one pound of marihuana].
SECTION 6. 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)(2) [(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 7. The change in law made by this Act applies 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. This Act takes effect September 1, 2021.