Texas 2021 - 87th Regular

Texas Senate Bill SB652 Compare Versions

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

Old	New	Differences
1	1	87R7593 JSC-D
2	2	By: Eckhardt S.B. No. 652
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the criminal penalties for delivery and possession of
8	8	marihuana and citations given for those offenses.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 481.120(b), Health and Safety Code, is
11	11	amended to read as follows:
12	12	(b) An offense under Subsection (a) is:
13	13	(1) a Class C [B] misdemeanor if the amount of
14	14	marihuana delivered is one-fourth ounce or less and the person
15	15	committing the offense does not receive remuneration for the
16	16	marihuana;
17	17	(1-a) [(2)] a Class B [A] misdemeanor if the amount of
18	18	marihuana delivered is one-fourth ounce or less and the person
19	19	committing the offense receives remuneration for the marihuana;
20	20	(2) [(3)] a Class A misdemeanor [state jail felony] if
21	21	the amount of marihuana delivered is five pounds or less but more
22	22	than one-fourth ounce;
23	23	(3) [(4)] a state jail felony [of the second degree]
24	24	if the amount of marihuana delivered is 50 pounds or less but more
25	25	than five pounds;
26	26	(4) [(5)] a felony of the second [first] degree if the
27	27	amount of marihuana delivered is 2,000 pounds or less but more than
28	28	50 pounds; and
29	29	(5) a felony of the first degree [(6) punishable by
30	30	imprisonment in the Texas Department of Criminal Justice for life
31	31	or for a term of not more than 99 years or less than 10 years, and a
32	32	fine not to exceed $100,000,] if the amount of marihuana delivered
33	33	is more than 2,000 pounds.
34	34	SECTION 2. Section 481.121, Health and Safety Code, is
35	35	amended to read as follows:
36	36	Sec. 481.121. OFFENSE: POSSESSION OF MARIHUANA. (a)
37	37	Except as authorized by this chapter, a person commits an offense if
38	38	the person knowingly or intentionally possesses a usable quantity
39	39	of more than one ounce of marihuana.
40	40	(b) An offense under Subsection (a) is:
41	41	(1) a Class C [B] misdemeanor if the amount of
42	42	marihuana possessed is two ounces or less but more than one ounce;
43	43	(1-a) [(2)] a Class B [A] misdemeanor if the amount of
44	44	marihuana possessed is four ounces or less but more than two ounces;
45	45	(2) [(3)] a Class A misdemeanor [state jail felony] if
46	46	the amount of marihuana possessed is five pounds or less but more
47	47	than four ounces;
48	48	(3) [(4)] a state jail felony [of the third degree] if
49	49	the amount of marihuana possessed is 50 pounds or less but more than
50	50	5 pounds;
51	51	(4) [(5)] a felony of the third [second] degree if the
52	52	amount of marihuana possessed is 2,000 pounds or less but more than
53	53	50 pounds; and
54	54	(5) a felony of the second degree [(6) punishable by
55	55	imprisonment in the Texas Department of Criminal Justice for life
56	56	or for a term of not more than 99 years or less than 5 years, and a
57	57	fine not to exceed $50,000,] if the amount of marihuana possessed is
58	58	more than 2,000 pounds.
59	59	SECTION 3. Sections 481.134(c) and (f), Health and Safety
60	60	Code, are amended to read as follows:
61	61	(c) The minimum term of confinement or imprisonment for an
62	62	offense otherwise punishable under Section 481.112(c), (d), (e), or
63	63	(f), 481.1121(b)(2), (3), or (4), 481.113(c), (d), or (e),
64	64	481.114(c), (d), or (e), 481.115(c), (d), (e), or (f)
65	65	[481.115(c)-(f)], 481.1151(b)(2), (3), (4), or (5), 481.116(c),
66	66	(d), or (e), 481.1161(b)(4), (5), or (6), 481.117(c), (d), or (e),
67	67	481.118(c), (d), or (e), 481.120(b)(4) or [,] (5), [or (6),] or
68	68	481.121(b)(4) or [,] (5)[, or (6)] is increased by five years and
69	69	the maximum fine for the offense is doubled if it is shown on the
70	70	trial of the offense that the offense was committed:
71	71	(1) in, on, or within 1,000 feet of the premises of a
72	72	school, the premises of a public or private youth center, or a
73	73	playground; or
74	74	(2) on a school bus.
75	75	(f) An offense otherwise punishable under Section
76	76	481.118(b), 481.119(b), 481.120(b)(1-a) [481.120(b)(1)], or
77	77	481.121(b)(1-a) [481.121(b)(1)] is a Class A misdemeanor if it is
78	78	shown on the trial of the offense that the offense was committed:
79	79	(1) in, on, or within 1,000 feet of any real property
80	80	that is owned, rented, or leased to a school or school board, the
81	81	premises of a public or private youth center, or a playground; or
82	82	(2) on a school bus.
83	83	SECTION 4. Article 14.01, Code of Criminal Procedure, is
84	84	amended by adding Subsection (c) to read as follows:
85	85	(c) Notwithstanding Subsection (a) or (b), a peace officer
86	86	or any other person may not, without a warrant, arrest an offender
87	87	for a misdemeanor punishable by fine only under Section
88	88	418.120(b)(1) or 481.121(b)(1), Health and Safety Code.
89	89	SECTION 5. Article 14.03, Code of Criminal Procedure, is
90	90	amended by adding Subsection (h) to read as follows:
91	91	(h) Notwithstanding Subsection (a), (d), or (g), a peace
92	92	officer may not, without a warrant, arrest a person who only commits
93	93	an offense punishable by fine only under Section 481.120(b)(1) or
94	94	481.121(b)(1), Health and Safety Code.
95	95	SECTION 6. Article 14.06, Code of Criminal Procedure, is
96	96	amended by adding Subsections (b-1) and (b-2) and amending
97	97	Subsection (d) to read as follows:
98	98	(b-1) A peace officer who is charging a person with
99	99	committing an offense under Section 481.120(b)(1) or
100	100	481.121(b)(1), Health and Safety Code, may not arrest the person
101	101	and shall issue the person a citation as provided by Subsection (b).
102	102	(b-2) Subsection (b-1) does not apply to an officer making
103	103	an arrest for an offense other than an offense under Section
104	104	481.120(b)(1) or 481.121(b)(1), Health and Safety Code.
105	105	(d) Subsection (c) applies only to a person charged with
106	106	committing an offense under:
107	107	(1) Section 481.121, Health and Safety Code, if the
108	108	offense is punishable under Subsection (b)(1-a) [(b)(1)] or (2) of
109	109	that section;
110	110	(1-a) Section 481.1161, Health and Safety Code, if the
111	111	offense is punishable under Subsection (b)(1) or (2) of that
112	112	section;
113	113	(2) Section 28.03, Penal Code, if the offense is
114	114	punishable under Subsection (b)(2) of that section;
115	115	(3) Section 28.08, Penal Code, if the offense is
116	116	punishable under Subsection (b)(2) or (3) of that section;
117	117	(4) Section 31.03, Penal Code, if the offense is
118	118	punishable under Subsection (e)(2)(A) of that section;
119	119	(5) Section 31.04, Penal Code, if the offense is
120	120	punishable under Subsection (e)(2) of that section;
121	121	(6) Section 38.114, Penal Code, if the offense is
122	122	punishable as a Class B misdemeanor; or
123	123	(7) Section 521.457, Transportation Code.
124	124	SECTION 7. Article 42A.551(c), Code of Criminal Procedure,
125	125	is amended to read as follows:
126	126	(c) Subsection (a) does not apply to a defendant who:
127	127	(1) under Section 481.1151(b)(1), Health and Safety
128	128	Code, possessed more than five abuse units of the controlled
129	129	substance; or
130	130	(2) under Section 481.1161(b)(3), Health and Safety
131	131	Code, possessed more than one pound, by aggregate weight, including
132	132	adulterants or dilutants, of the controlled substance[; or
133	133	[(3) under Section 481.121(b)(3), Health and Safety
134	134	Code, possessed more than one pound of marihuana].
135	135	SECTION 8. Section 411.0728(a), Government Code, is amended
136	136	to read as follows:
137	137	(a) This section applies only to a person:
138	138	(1) who is convicted of or placed on deferred
139	139	adjudication community supervision for an offense under:
140	140	(A) Section 481.120, Health and Safety Code, if
141	141	the offense is punishable under Subsection (b)(1-a) [(b)(1)];
142	142	(B) Section 481.121, Health and Safety Code, if
143	143	the offense is punishable under Subsection (b)(1-a) [(b)(1)];
144	144	(C) Section 31.03, Penal Code, if the offense is
145	145	punishable under Subsection (e)(1) or (2); or
146	146	(D) Section 43.02, Penal Code; and
147	147	(2) who, if requested by the applicable law
148	148	enforcement agency or prosecuting attorney to provide assistance in
149	149	the investigation or prosecution of an offense under Section
150	150	20A.02, 20A.03, or 43.05, Penal Code, or a federal offense
151	151	containing elements that are substantially similar to the elements
152	152	of an offense under any of those sections:
153	153	(A) provided assistance in the investigation or
154	154	prosecution of the offense; or
155	155	(B) did not provide assistance in the
156	156	investigation or prosecution of the offense due to the person's age
157	157	or a physical or mental disability resulting from being a victim of
158	158	an offense described by this subdivision.
159	159	SECTION 9. Articles 14.01, 14.03, and 14.06, Code of
160	160	Criminal Procedure, as amended by this Act, apply only to an offense
161	161	committed on or after the effective date of this Act. An offense
162	162	committed before the effective date of this Act is governed by the
163	163	law in effect on the date the offense was committed, and the former
164	164	law is continued in effect for that purpose. For purposes of this
165	165	section, an offense was committed before the effective date of this
166	166	Act if any element of the offense occurred before that date.
167	167	SECTION 10. Sections 481.120, 481.121, and 481.134, Health
168	168	and Safety Code, as amended by this Act, apply to an offense
169	169	committed under Section 481.120 or 481.121, or an offense committed
170	170	under Section 481.120 or 481.121 and punishable under Section
171	171	481.134, before, on, or after September 1, 2021, except that a final
172	172	conviction for an offense that exists on September 1, 2021, is
173	173	unaffected by this Act.
174	174	SECTION 11. This Act takes effect September 1, 2021.