Texas 2021 - 87th Regular

Texas House Bill HB616 Compare Versions

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

Old	New	Differences
1	1	87R3440 JSC-F
2	2	By: Dutton H.B. No. 616
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the criminal penalties for possession of two grams or
8	8	less of marihuana.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 481.121, Health and Safety Code, is
11	11	amended by amending Subsection (b) and adding Subsection (c) to
12	12	read as follows:
13	13	(b) An offense under Subsection (a) is:
14	14	(1) a Class C misdemeanor if the amount of marihuana
15	15	possessed is two grams or less, except as provided by Subsection
16	16	(c);
17	17	(1-a) a Class B misdemeanor if the amount of marihuana
18	18	possessed is two ounces or less but more than two grams;
19	19	(2) a Class A misdemeanor if the amount of marihuana
20	20	possessed is four ounces or less but more than two ounces;
21	21	(3) a state jail felony if the amount of marihuana
22	22	possessed is five pounds or less but more than four ounces;
23	23	(4) a felony of the third degree if the amount of
24	24	marihuana possessed is 50 pounds or less but more than 5 pounds;
25	25	(5) a felony of the second degree if the amount of
26	26	marihuana possessed is 2,000 pounds or less but more than 50 pounds;
27	27	and
28	28	(6) punishable by imprisonment in the Texas Department
29	29	of Criminal Justice for life or for a term of not more than 99 years
30	30	or less than 5 years, and a fine not to exceed $50,000, if the amount
31	31	of marihuana possessed is more than 2,000 pounds.
32	32	(c) An offense under Subsection (b)(1) is a Class B
33	33	misdemeanor if it is shown on the trial of the offense that the
34	34	defendant has been previously convicted three or more times of an
35	35	offense involving the possession of marihuana and each prior
36	36	offense was committed within the 24-month period preceding the date
37	37	of the commission of the instant offense. For purposes of this
38	38	subsection, "offense involving the possession of marihuana" means
39	39	an offense under this section or an offense under the laws of
40	40	another state that contains elements substantially similar to the
41	41	elements of an offense under this section.
42	42	SECTION 2. Section 481.134(f), Health and Safety Code, is
43	43	amended to read as follows:
44	44	(f) An offense otherwise punishable under Section
45	45	481.118(b), 481.119(b), 481.120(b)(1), or 481.121(b)(1-a) or (c)
46	46	[481.121(b)(1)] is a Class A misdemeanor if it is shown on the trial
47	47	of the offense that the offense was committed:
48	48	(1) in, on, or within 1,000 feet of any real property
49	49	that is owned, rented, or leased to a school or school board, the
50	50	premises of a public or private youth center, or a playground; or
51	51	(2) on a school bus.
52	52	SECTION 3. Article 14.06(d), Code of Criminal Procedure, is
53	53	amended to read as follows:
54	54	(d) Subsection (c) applies only to a person charged with
55	55	committing an offense under:
56	56	(1) Section 481.121, Health and Safety Code, if the
57	57	offense is punishable under Subsection (b)(1-a), (b)(2), or (c)
58	58	[(b)(1) or (2)] of that section;
59	59	(1-a) Section 481.1161, Health and Safety Code, if the
60	60	offense is punishable under Subsection (b)(1) or (2) of that
61	61	section;
62	62	(2) Section 28.03, Penal Code, if the offense is
63	63	punishable under Subsection (b)(2) of that section;
64	64	(3) Section 28.08, Penal Code, if the offense is
65	65	punishable under Subsection (b)(2) or (3) of that section;
66	66	(4) Section 31.03, Penal Code, if the offense is
67	67	punishable under Subsection (e)(2)(A) of that section;
68	68	(5) Section 31.04, Penal Code, if the offense is
69	69	punishable under Subsection (e)(2) of that section;
70	70	(6) Section 38.114, Penal Code, if the offense is
71	71	punishable as a Class B misdemeanor; or
72	72	(7) Section 521.457, Transportation Code.
73	73	SECTION 4. Article 45.051, Code of Criminal Procedure, is
74	74	amended by adding Subsection (h) to read as follows:
75	75	(h) This subsection applies only to a defendant charged with
76	76	an offense under Section 481.121, Health and Safety Code, who is
77	77	granted a deferral under Subsection (a). In addition to any other
78	78	requirement, the judge shall, during the deferral period, require
79	79	that the defendant successfully complete a drug abuse awareness and
80	80	education program approved by the Texas Department of Licensing and
81	81	Regulation.
82	82	SECTION 5. Section 411.0728(a), Government Code, is amended
83	83	to read as follows:
84	84	(a) This section applies only to a person:
85	85	(1) who is convicted of or placed on deferred
86	86	adjudication community supervision for an offense under:
87	87	(A) Section 481.120, Health and Safety Code, if
88	88	the offense is punishable under Subsection (b)(1);
89	89	(B) Section 481.121, Health and Safety Code, if
90	90	the offense is punishable under Subsection (b)(1-a) or (c)
91	91	[(b)(1)];
92	92	(C) Section 31.03, Penal Code, if the offense is
93	93	punishable under Subsection (e)(1) or (2); or
94	94	(D) Section 43.02, Penal Code; and
95	95	(2) who, if requested by the applicable law
96	96	enforcement agency or prosecuting attorney to provide assistance in
97	97	the investigation or prosecution of an offense under Section
98	98	20A.02, 20A.03, or 43.05, Penal Code, or a federal offense
99	99	containing elements that are substantially similar to the elements
100	100	of an offense under any of those sections:
101	101	(A) provided assistance in the investigation or
102	102	prosecution of the offense; or
103	103	(B) did not provide assistance in the
104	104	investigation or prosecution of the offense due to the person's age
105	105	or a physical or mental disability resulting from being a victim of
106	106	an offense described by this subdivision.
107	107	SECTION 6. The changes in law made by this Act apply only to
108	108	an offense committed on or after the effective date of this Act. An
109	109	offense committed before the effective date of this Act is governed
110	110	by the law in effect on the date the offense was committed, and the
111	111	former law is continued in effect for that purpose. For purposes of
112	112	this section, an offense was committed before the effective date of
113	113	this Act if any element of the offense was committed before that
114	114	date.
115	115	SECTION 7. This Act takes effect September 1, 2021.