Texas 2021 - 87th Regular

Texas Senate Bill SB1989 Compare Versions

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

Old	New	Differences
1	1	By: Miles S.B. No. 1989
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the prosecution of and penalties for possession of one
7	7	ounce or less of marihuana.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Article 14.06(d), Code of Criminal Procedure, is
10	10	amended to read as follows:
11	11	(d) Subsection (c) applies only to a person charged with
12	12	committing an offense under:
13	13	(1) Section 481.121, Health and Safety Code, if the
14	14	offense is punishable under Subsection (b)(1-a) [(b)(1)] or (2) of
15	15	that section;
16	16	(1-a) Section 481.1161, Health and Safety Code, if the
17	17	offense is punishable under Subsection (b)(1) or (2) of that
18	18	section;
19	19	(2) Section 28.03, Penal Code, if the offense is
20	20	punishable under Subsection (b)(2) of that section;
21	21	(3) Section 28.08, Penal Code, if the offense is
22	22	punishable under Subsection (b)(2) or (3) of that section;
23	23	(4) Section 31.03, Penal Code, if the offense is
24	24	punishable under Subsection (e)(2)(A) of that section;
25	25	(5) Section 31.04, Penal Code, if the offense is
26	26	punishable under Subsection (e)(2) of that section;
27	27	(6) Section 38.114, Penal Code, if the offense is
28	28	punishable as a Class B misdemeanor; or
29	29	(7) Section 521.457, Transportation Code.
30	30	SECTION 2. Section 411.0728(a), Government Code, is amended
31	31	to read as follows:
32	32	(a) This section applies only to a person:
33	33	(1) who is convicted of or placed on deferred
34	34	adjudication community supervision for an offense under:
35	35	(A) Section 481.120, Health and Safety Code, if
36	36	the offense is punishable under Subsection (b)(1);
37	37	(B) Section 481.121, Health and Safety Code, if
38	38	the offense is punishable under Subsection (b)(1-a) [(b)(1)];
39	39	(C) Section 31.03, Penal Code, if the offense is
40	40	punishable under Subsection (e)(1) or (2); or
41	41	(D) Section 43.02, Penal Code; and
42	42	(2) who, if requested by the applicable law
43	43	enforcement agency or prosecuting attorney to provide assistance in
44	44	the investigation or prosecution of an offense under Section
45	45	20A.02, 20A.03, or 43.05, Penal Code, or a federal offense
46	46	containing elements that are substantially similar to the elements
47	47	of an offense under any of those sections:
48	48	(A) provided assistance in the investigation or
49	49	prosecution of the offense; or
50	50	(B) did not provide assistance in the
51	51	investigation or prosecution of the offense due to the person's age
52	52	or a physical or mental disability resulting from being a victim of
53	53	an offense described by this subdivision.
54	54	SECTION 3. Section 481.121(b), Health and Safety Code, is
55	55	amended to read as follows:
56	56	(b) An offense under Subsection (a) is:
57	57	(1) a Class C misdemeanor if the amount of marihuana
58	58	possessed is one ounce or less;
59	59	(1-a) a Class B misdemeanor if the amount of marihuana
60	60	possessed is two ounces or less but more than one ounce;
61	61	(2) a Class A misdemeanor if the amount of marihuana
62	62	possessed is four ounces or less but more than two ounces;
63	63	(3) a state jail felony if the amount of marihuana
64	64	possessed is five pounds or less but more than four ounces;
65	65	(4) a felony of the third degree if the amount of
66	66	marihuana possessed is 50 pounds or less but more than 5 pounds;
67	67	(5) a felony of the second degree if the amount of
68	68	marihuana possessed is 2,000 pounds or less but more than 50 pounds;
69	69	and
70	70	(6) punishable by imprisonment in the Texas Department
71	71	of Criminal Justice for life or for a term of not more than 99 years
72	72	or less than 5 years, and a fine not to exceed $50,000, if the amount
73	73	of marihuana possessed is more than 2,000 pounds.
74	74	SECTION 4. Section 481.134, Health and Safety Code, is
75	75	amended by amending Subsections (f) and (g) and adding Subsection
76	76	(f-1) to read as follows:
77	77	(f) An offense otherwise punishable under Section
78	78	481.118(b), 481.119(b), 481.120(b)(1), or 481.121(b)(1-a)
79	79	[481.121(b)(1)] is a Class A misdemeanor if it is shown on the trial
80	80	of the offense that the offense was committed:
81	81	(1) in, on, or within 1,000 feet of any real property
82	82	that is owned, rented, or leased to a school or school board, the
83	83	premises of a public or private youth center, or a playground; or
84	84	(2) on a school bus.
85	85	(f-1) An offense otherwise punishable under Section
86	86	481.121(b)(1) is a Class B misdemeanor if it is shown on the trial
87	87	of the offense that the offense was committed:
88	88	(1) in, on, or within 1,000 feet of any real property
89	89	that is owned, rented, or leased to a school or school board, the
90	90	premises of a public or private youth center, or a playground; or
91	91	(2) on a school bus.
92	92	(g) Subsections (f) and (f-1) do [Subsection (f) does] not
93	93	apply to an offense if:
94	94	(1) the offense was committed inside a private
95	95	residence; and
96	96	(2) no minor was present in the private residence at
97	97	the time the offense was committed.
98	98	SECTION 5. Section 12.43(c), Penal Code, is amended to read
99	99	as follows:
100	100	(c) If it is shown on the trial of an offense punishable as a
101	101	Class C misdemeanor under Section 42.01 or 49.02, or under Section
102	102	481.121(b)(1), Health and Safety Code, that the defendant has
103	103	previously been convicted of any [been before convicted under
104	104	either] of those offenses [sections] three times or three times for
105	105	any combination of those offenses and each prior offense was
106	106	committed in the 24 months preceding the date of commission of the
107	107	instant offense, the defendant shall be punished by:
108	108	(1) a fine not to exceed $2,000;
109	109	(2) confinement in jail for a term not to exceed 180
110	110	days; or
111	111	(3) both such fine and confinement.
112	112	SECTION 6. The amendments of Sections 481.121 and 481.134,
113	113	Health and Safety Code, by this Act apply to an offense committed
114	114	under Section 481.121 or an offense committed under Section 481.121
115	115	and punishable under Section 481.134, Health and Safety Code,
116	116	before, on, or after September 1, 2021, except that a final
117	117	conviction for an offense that exists on September 1, 2021, is
118	118	unaffected by this Act.
119	119	SECTION 7. This Act takes effect September 1, 2021.