Texas 2021 - 87th Regular

Texas Senate Bill SB1005 Compare Versions

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

Old	New	Differences
1	1	87R5905 JSC-F
2	2	By: Hinojosa S.B. No. 1005
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the punishment for certain controlled substance
8	8	possession offenses under the Texas Controlled Substances Act;
9	9	changing eligibility for community supervision.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Article 42A.056, Code of Criminal Procedure, is
12	12	amended to read as follows:
13	13	Art. 42A.056. LIMITATION ON JURY-RECOMMENDED COMMUNITY
14	14	SUPERVISION. A defendant is not eligible for community supervision
15	15	under Article 42A.055 if the defendant:
16	16	(1) is sentenced to a term of imprisonment that
17	17	exceeds 10 years;
18	18	(2) is convicted of an offense [a state jail felony]
19	19	for which suspension of the imposition of the sentence occurs
20	20	automatically under Article 42A.551 or 42A.582;
21	21	(3) is adjudged guilty of an offense under Section
22	22	19.02, Penal Code;
23	23	(4) is convicted of an offense under Section 21.11,
24	24	22.011, or 22.021, Penal Code, if the victim of the offense was
25	25	younger than 14 years of age at the time the offense was committed;
26	26	(5) is convicted of an offense under Section 20.04,
27	27	Penal Code, if:
28	28	(A) the victim of the offense was younger than 14
29	29	years of age at the time the offense was committed; and
30	30	(B) the actor committed the offense with the
31	31	intent to violate or abuse the victim sexually;
32	32	(6) is convicted of an offense under Section 20A.02,
33	33	20A.03, 43.04, 43.05, or 43.25, Penal Code; or
34	34	(7) is convicted of an offense for which punishment is
35	35	increased under Section 481.134(c), (d), (e), or (f), Health and
36	36	Safety Code, if it is shown that the defendant has been previously
37	37	convicted of an offense for which punishment was increased under
38	38	any of those subsections.
39	39	SECTION 2. Article 42A.551(a), Code of Criminal Procedure,
40	40	is amended to read as follows:
41	41	(a) Except as otherwise provided by Subsection (b) or (c),
42	42	on conviction of a state jail felony under Section [481.115(b),]
43	43	481.1151(b)(1), [481.116(b),] 481.1161(b)(3), 481.121(b)(3), or
44	44	481.129(g)(1), Health and Safety Code, that is punished under
45	45	Section 12.35(a), Penal Code, the judge shall suspend the
46	46	imposition of the sentence and place the defendant on community
47	47	supervision.
48	48	SECTION 3. Chapter 42A, Code of Criminal Procedure, is
49	49	amended by adding Subchapter L-1 to read as follows:
50	50	SUBCHAPTER L-1. COMMUNITY SUPERVISION FOR CERTAIN CONTROLLED
51	51	SUBSTANCE POSSESSION OFFENSES
52	52	Art. 42A.581. APPLICABILITY. (a) Except as otherwise
53	53	provided by Subsection (b), this subchapter applies to an offense
54	54	under Section 481.115(b) or (c) or 481.116(c) or (d), Health and
55	55	Safety Code.
56	56	(b) This subchapter does not apply to an offense for which
57	57	the punishment is increased under Section 481.134, Health and
58	58	Safety Code, or Section 12.42, Penal Code.
59	59	Art. 42A.582. PLACEMENT ON COMMUNITY SUPERVISION;
60	60	EXECUTION OF SENTENCE. (a) On conviction of an offense described
61	61	by Section 42A.581, the judge shall suspend the imposition of the
62	62	sentence and place the defendant on community supervision, except
63	63	that the judge may order the sentence to be executed if:
64	64	(1) the defendant has been previously convicted of:
65	65	(A) an offense under Section 481.115 or 481.116,
66	66	Health and Safety Code; or
67	67	(B) a felony, other than a felony punished under
68	68	Section 12.44(a), Penal Code;
69	69	(2) the conviction resulted from an adjudication of
70	70	the guilt of a defendant previously placed on deferred adjudication
71	71	community supervision for the offense; or
72	72	(3) the judge determines by a preponderance of the
73	73	evidence that the defendant:
74	74	(A) is a danger to the safety of others; or
75	75	(B) possessed the substance with the intent to
76	76	deliver the substance.
77	77	(b) A judge who makes a determination described by
78	78	Subsection (a)(3) shall enter the reasons for making that
79	79	determination in the record of the proceeding.
80	80	(c) The judge may suspend in whole or in part the imposition
81	81	of any fine imposed on a conviction if a defendant is placed on
82	82	community supervision under this subchapter.
83	83	SECTION 4. Sections 509.011(a) and (b), Government Code,
84	84	are amended to read as follows:
85	85	(a) If the division determines that a department complies
86	86	with division standards and if the department has submitted a
87	87	strategic plan under Section 509.007 and the supporting information
88	88	required by the division and the division determines the plan and
89	89	supporting information are acceptable, the division shall prepare
90	90	and submit to the comptroller vouchers for payment to the
91	91	department as follows:
92	92	(1) for per capita funding, a per diem amount for the
93	93	term of supervision for each [felony] defendant directly supervised
94	94	by the department pursuant to lawful authority for an offense
95	95	punishable as:
96	96	(A) a felony; or
97	97	(B) a Class A misdemeanor under Section
98	98	481.115(b) or 481.116(b), Health and Safety Code;
99	99	(2) for per capita funding, a per diem amount for a
100	100	period not to exceed 182 days for each defendant supervised by the
101	101	department pursuant to lawful authority for a misdemeanor
102	102	offense[,] other than an offense described by Subdivision (1)(B) [a
103	103	felony defendant]; and
104	104	(3) for formula funding, an annual amount as computed
105	105	by multiplying a percentage determined by the allocation formula
106	106	established under Subsection (f) times the total amount provided in
107	107	the General Appropriations Act for payments under this subdivision.
108	108	(b) The division may use discretionary grant funds to
109	109	further the purposes of this chapter by contracting for services
110	110	with state agencies or nonprofit organizations. The division may
111	111	also make discretionary grants to departments, municipalities, or
112	112	counties for the following purposes:
113	113	(1) development and operation of pretrial and
114	114	presentencing services;
115	115	(2) electronic monitoring services, surveillance
116	116	supervision programs, and controlled substances testing services;
117	117	(3) research projects to evaluate the effectiveness of
118	118	community corrections programs, if the research is conducted in
119	119	cooperation with the Criminal Justice Policy Council;
120	120	(4) contract services for felony defendants;
121	121	(5) residential services for misdemeanor defendants
122	122	who exhibit levels of risk or needs indicating a need for
123	123	confinement and treatment[, as described by Section 509.005(b)];
124	124	(6) establishment or operation of county correctional
125	125	centers under Subchapter H, Chapter 351, Local Government Code, or
126	126	community corrections facilities for which the division has
127	127	established standards under Section 509.006;
128	128	(7) development and operation of treatment
129	129	alternative to incarceration programs under Section 76.017; [and]
130	130	(8) other purposes determined appropriate by the
131	131	division and approved by the board; and
132	132	(9) placement of defendants in pretrial intervention
133	133	programs to provide substance abuse treatment, aftercare, and
134	134	specialized pretrial supervision for defendants charged with an
135	135	offense punishable as a Class A misdemeanor under Section
136	136	481.115(b) or 481.116(b), Health and Safety Code.
137	137	SECTION 5. Section 481.115(b), Health and Safety Code, is
138	138	amended to read as follows:
139	139	(b) An offense under Subsection (a) is a Class A misdemeanor
140	140	[state jail felony] if the amount of the controlled substance
141	141	possessed is, by aggregate weight, including adulterants or
142	142	dilutants, a usable quantity that is more than 0.02 grams but less
143	143	than one gram.
144	144	SECTION 6. Section 481.116(b), Health and Safety Code, is
145	145	amended to read as follows:
146	146	(b) An offense under Subsection (a) is a Class A misdemeanor
147	147	[state jail felony] if the amount of the controlled substance
148	148	possessed is, by aggregate weight, including adulterants or
149	149	dilutants, a usable quantity that is more than 0.02 grams but less
150	150	than one gram.
151	151	SECTION 7. (a) Section 509.011(a), Government Code, as
152	152	amended by this Act, applies only to a payment to a community
153	153	supervision and corrections department based on a voucher submitted
154	154	to the comptroller on or after September 1, 2021.
155	155	(b) Except as provided by Subsection (c) of this section:
156	156	(1) the change in law made by this Act applies only to
157	157	an offense committed on or after the effective date of this Act; and
158	158	(2) an offense committed before the effective date of
159	159	this Act is governed by the law in effect on the date the offense was
160	160	committed, and the former law is continued in effect for that
161	161	purpose.
162	162	(c) In a criminal action pending on or commenced on or after
163	163	the effective date of this Act, for an offense under Section 481.115
164	164	or 481.116, Health and Safety Code, committed before the effective
165	165	date, the defendant, if adjudged guilty, shall be assessed
166	166	punishment under Section 481.115 or 481.116, Health and Safety
167	167	Code, as applicable, as amended by this Act, if the defendant so
168	168	elects by written motion filed with the trial court before the
169	169	sentencing hearing begins.
170	170	(d) For purposes of this section, an offense was committed
171	171	before the effective date of this Act if any element of the offense
172	172	occurred before that date.
173	173	(e) A defendant who elects by written motion to be assessed
174	174	punishment under Section 481.115 or 481.116, Health and Safety
175	175	Code, as applicable, as amended by this Act, is eligible for
176	176	treatment, supervision, and care in accordance with Sections
177	177	509.011(a) and (b), Government Code, as amended by this Act. A
178	178	community supervision and corrections department established under
179	179	Chapter 76, Government Code, is eligible to be paid for providing
180	180	the treatment, supervision, and care in accordance with Sections
181	181	509.011(a) and (b), Government Code, as amended by this Act. A
182	182	municipality, county, or community supervision and corrections
183	183	department established under Chapter 76, Government Code, may
184	184	provide treatment, supervision, and care to the defendant under a
185	185	grant made to the municipality, county, or department under Section
186	186	509.011(b), Government Code, as amended by this Act.
187	187	SECTION 8. This Act takes effect September 1, 2021.