87R5905 JSC-F
By: Hinojosa S.B. No. 1005
A BILL TO BE ENTITLED
AN ACT
relating to the punishment for certain controlled substance
possession offenses under the Texas Controlled Substances Act;
changing eligibility for community supervision.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 42A.056, Code of Criminal Procedure, is
amended to read as follows:
Art. 42A.056. LIMITATION ON JURY-RECOMMENDED COMMUNITY
SUPERVISION. A defendant is not eligible for community supervision
under Article 42A.055 if the defendant:
(1) is sentenced to a term of imprisonment that
exceeds 10 years;
(2) is convicted of an offense [a state jail felony]
for which suspension of the imposition of the sentence occurs
automatically under Article 42A.551 or 42A.582;
(3) is adjudged guilty of an offense under Section
19.02, Penal Code;
(4) is convicted of an offense under Section 21.11,
22.011, or 22.021, Penal Code, if the victim of the offense was
younger than 14 years of age at the time the offense was committed;
(5) is convicted of an offense under Section 20.04,
Penal Code, if:
(A) the victim of the offense was younger than 14
years of age at the time the offense was committed; and
(B) the actor committed the offense with the
intent to violate or abuse the victim sexually;
(6) is convicted of an offense under Section 20A.02,
20A.03, 43.04, 43.05, or 43.25, Penal Code; or
(7) is convicted of an offense for which punishment is
increased under Section 481.134(c), (d), (e), or (f), Health and
Safety Code, if it is shown that the defendant has been previously
convicted of an offense for which punishment was increased under
any of those subsections.
SECTION 2. Article 42A.551(a), Code of Criminal Procedure,
is 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)(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.
SECTION 3. Chapter 42A, Code of Criminal Procedure, is
amended by adding Subchapter L-1 to read as follows:
SUBCHAPTER L-1. COMMUNITY SUPERVISION FOR CERTAIN CONTROLLED
SUBSTANCE POSSESSION OFFENSES
Art. 42A.581. APPLICABILITY. (a) Except as otherwise
provided by Subsection (b), this subchapter applies to an offense
under Section 481.115(b) or (c) or 481.116(c) or (d), Health and
Safety Code.
(b) This subchapter does not apply to an offense for which
the punishment is increased under Section 481.134, Health and
Safety Code, or Section 12.42, Penal Code.
Art. 42A.582. PLACEMENT ON COMMUNITY SUPERVISION;
EXECUTION OF SENTENCE. (a) On conviction of an offense described
by Section 42A.581, the judge shall suspend the imposition of the
sentence and place the defendant on community supervision, except
that the judge may order the sentence to be executed if:
(1) the defendant has been previously convicted of:
(A) an offense under Section 481.115 or 481.116,
Health and Safety Code; or
(B) a felony, other than a felony punished under
Section 12.44(a), Penal Code;
(2) the conviction resulted from an adjudication of
the guilt of a defendant previously placed on deferred adjudication
community supervision for the offense; or
(3) the judge determines by a preponderance of the
evidence that the defendant:
(A) is a danger to the safety of others; or
(B) possessed the substance with the intent to
deliver the substance.
(b) A judge who makes a determination described by
Subsection (a)(3) shall enter the reasons for making that
determination in the record of the proceeding.
(c) The judge may suspend in whole or in part the imposition
of any fine imposed on a conviction if a defendant is placed on
community supervision under this subchapter.
SECTION 4. Sections 509.011(a) and (b), Government Code,
are amended to read as follows:
(a) If the division determines that a department complies
with division standards and if the department has submitted a
strategic plan under Section 509.007 and the supporting information
required by the division and the division determines the plan and
supporting information are acceptable, the division shall prepare
and submit to the comptroller vouchers for payment to the
department as follows:
(1) for per capita funding, a per diem amount for the
term of supervision for each [felony] defendant directly supervised
by the department pursuant to lawful authority for an offense
punishable as:
(A) a felony; or
(B) a Class A misdemeanor under Section
481.115(b) or 481.116(b), Health and Safety Code;
(2) for per capita funding, a per diem amount for a
period not to exceed 182 days for each defendant supervised by the
department pursuant to lawful authority for a misdemeanor
offense[,] other than an offense described by Subdivision (1)(B) [a
felony defendant]; and
(3) for formula funding, an annual amount as computed
by multiplying a percentage determined by the allocation formula
established under Subsection (f) times the total amount provided in
the General Appropriations Act for payments under this subdivision.
(b) The division may use discretionary grant funds to
further the purposes of this chapter by contracting for services
with state agencies or nonprofit organizations. The division may
also make discretionary grants to departments, municipalities, or
counties for the following purposes:
(1) development and operation of pretrial and
presentencing services;
(2) electronic monitoring services, surveillance
supervision programs, and controlled substances testing services;
(3) research projects to evaluate the effectiveness of
community corrections programs, if the research is conducted in
cooperation with the Criminal Justice Policy Council;
(4) contract services for felony defendants;
(5) residential services for misdemeanor defendants
who exhibit levels of risk or needs indicating a need for
confinement and treatment[, as described by Section 509.005(b)];
(6) establishment or operation of county correctional
centers under Subchapter H, Chapter 351, Local Government Code, or
community corrections facilities for which the division has
established standards under Section 509.006;
(7) development and operation of treatment
alternative to incarceration programs under Section 76.017; [and]
(8) other purposes determined appropriate by the
division and approved by the board; and
(9) placement of defendants in pretrial intervention
programs to provide substance abuse treatment, aftercare, and
specialized pretrial supervision for defendants charged with an
offense punishable as a Class A misdemeanor under Section
481.115(b) or 481.116(b), Health and Safety Code.
SECTION 5. Section 481.115(b), Health and Safety Code, is
amended to read as follows:
(b) An offense under Subsection (a) is a Class A misdemeanor
[state jail felony] if the amount of the controlled substance
possessed is, by aggregate weight, including adulterants or
dilutants, a usable quantity that is more than 0.02 grams but less
than one gram.
SECTION 6. Section 481.116(b), Health and Safety Code, is
amended to read as follows:
(b) An offense under Subsection (a) is a Class A misdemeanor
[state jail felony] if the amount of the controlled substance
possessed is, by aggregate weight, including adulterants or
dilutants, a usable quantity that is more than 0.02 grams but less
than one gram.
SECTION 7. (a) Section 509.011(a), Government Code, as
amended by this Act, applies only to a payment to a community
supervision and corrections department based on a voucher submitted
to the comptroller on or after September 1, 2021.
(b) Except as provided by Subsection (c) of this section:
(1) the change in law made by this Act applies only to
an offense committed on or after the effective date of this Act; and
(2) 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.
(c) In a criminal action pending on or commenced on or after
the effective date of this Act, for an offense under Section 481.115
or 481.116, Health and Safety Code, committed before the effective
date, the defendant, if adjudged guilty, shall be assessed
punishment under Section 481.115 or 481.116, Health and Safety
Code, as applicable, as amended by this Act, if the defendant so
elects by written motion filed with the trial court before the
sentencing hearing begins.
(d) For purposes of this section, an offense was committed
before the effective date of this Act if any element of the offense
occurred before that date.
(e) A defendant who elects by written motion to be assessed
punishment under Section 481.115 or 481.116, Health and Safety
Code, as applicable, as amended by this Act, is eligible for
treatment, supervision, and care in accordance with Sections
509.011(a) and (b), Government Code, as amended by this Act. A
community supervision and corrections department established under
Chapter 76, Government Code, is eligible to be paid for providing
the treatment, supervision, and care in accordance with Sections
509.011(a) and (b), Government Code, as amended by this Act. A
municipality, county, or community supervision and corrections
department established under Chapter 76, Government Code, may
provide treatment, supervision, and care to the defendant under a
grant made to the municipality, county, or department under Section
509.011(b), Government Code, as amended by this Act.
SECTION 8. This Act takes effect September 1, 2021.