Texas 2023 - 88th Regular

Texas House Bill HB2330 Compare Versions

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1	1	88R7037 CJD-D
2	2	By: Goldman H.B. No. 2330
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the criminal penalties for certain controlled substance
8	8	offenses; increasing a criminal penalty.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Sections 481.112(e) and (f), Health and Safety
11	11	Code, are amended to read as follows:
12	12	(e) An offense under Subsection (a) is a felony of the first
13	13	degree punishable by imprisonment in the Texas Department of
14	14	Criminal Justice for life or for a term of not more than 99 years or
15	15	less than 10 years, and a fine not to exceed $100,000, if the amount
16	16	of the controlled substance to which the offense applies is, by
17	17	aggregate weight, including adulterants or dilutants, 200 grams or
18	18	more but less than 400 grams.
19	19	(f) An offense under Subsection (a) is a felony of the first
20	20	degree punishable by imprisonment in the Texas Department of
21	21	Criminal Justice for life or for a term of not more than 99 years or
22	22	less than 15 years, and a fine not to exceed $250,000, if the amount
23	23	of the controlled substance to which the offense applies is, by
24	24	aggregate weight, including adulterants or dilutants, 400 grams or
25	25	more.
26	26	SECTION 2. Section 481.1121(b), Health and Safety Code, is
27	27	amended to read as follows:
28	28	(b) An offense under this section is:
29	29	(1) a state jail felony if the number of abuse units of
30	30	the controlled substance is fewer than 20;
31	31	(2) a felony of the second degree if the number of
32	32	abuse units of the controlled substance is 20 or more but fewer than
33	33	80;
34	34	(3) a felony of the first degree if the number of abuse
35	35	units of the controlled substance is 80 or more but fewer than
36	36	4,000; and
37	37	(4) a felony of the first degree punishable by
38	38	imprisonment in the Texas Department of Criminal Justice for life
39	39	or for a term of not more than 99 years or less than 15 years and a
40	40	fine not to exceed $250,000, if the number of abuse units of the
41	41	controlled substance is 4,000 or more.
42	42	SECTION 3. Sections 481.1123(b), (d), (e), and (f), Health
43	43	and Safety Code, are amended to read as follows:
44	44	(b) An offense under Subsection (a) is a [state jail] felony
45	45	of the third degree if the amount of the controlled substance to
46	46	which the offense applies is, by aggregate weight, including
47	47	adulterants or dilutants, less than one gram.
48	48	(d) An offense under Subsection (a) is a felony of the first
49	49	degree punishable by imprisonment in the Texas Department of
50	50	Criminal Justice for life or for a term of not more than 99 years or
51	51	less than 10 years, and a fine not to exceed $20,000, if the amount
52	52	of the controlled substance to which the offense applies is, by
53	53	aggregate weight, including adulterants or dilutants, four grams or
54	54	more but less than 200 grams.
55	55	(e) An offense under Subsection (a) is a felony of the first
56	56	degree punishable by imprisonment in the Texas Department of
57	57	Criminal Justice for life or for a term of not more than 99 years or
58	58	less than 15 years, and a fine not to exceed $200,000, if the amount
59	59	of the controlled substance to which the offense applies is, by
60	60	aggregate weight, including adulterants or dilutants, 200 grams or
61	61	more but less than 400 grams.
62	62	(f) An offense under Subsection (a) is a felony of the first
63	63	degree punishable by imprisonment in the Texas Department of
64	64	Criminal Justice for life or for a term of not more than 99 years or
65	65	less than 20 years, and a fine not to exceed $500,000, if the amount
66	66	of the controlled substance to which the offense applies is, by
67	67	aggregate weight, including adulterants or dilutants, 400 grams or
68	68	more.
69	69	SECTION 4. Section 481.113(e), Health and Safety Code, is
70	70	amended to read as follows:
71	71	(e) An offense under Subsection (a) is a felony of the first
72	72	degree punishable by imprisonment in the Texas Department of
73	73	Criminal Justice for life or for a term of not more than 99 years or
74	74	less than 10 years, and a fine not to exceed $100,000, if the amount
75	75	of the controlled substance to which the offense applies is, by
76	76	aggregate weight, including adulterants or dilutants, 400 grams or
77	77	more.
78	78	SECTION 5. Section 481.114(e), Health and Safety Code, is
79	79	amended to read as follows:
80	80	(e) An offense under Subsection (a) is a felony of the first
81	81	degree punishable by imprisonment in the Texas Department of
82	82	Criminal Justice for life or for a term of not more than 99 years or
83	83	less than 10 years, and a fine not to exceed $100,000, if the amount
84	84	of the controlled substance to which the offense applies is, by
85	85	aggregate weight, including any adulterants or dilutants, 400 grams
86	86	or more.
87	87	SECTION 6. Section 481.115(f), Health and Safety Code, is
88	88	amended to read as follows:
89	89	(f) An offense under Subsection (a) is a felony of the first
90	90	degree punishable by imprisonment in the Texas Department of
91	91	Criminal Justice for life or for a term of not more than 99 years or
92	92	less than 10 years, and a fine not to exceed $100,000, if the amount
93	93	of the controlled substance possessed is, by aggregate weight,
94	94	including adulterants or dilutants, 400 grams or more.
95	95	SECTION 7. Section 481.1151(b), Health and Safety Code, is
96	96	amended to read as follows:
97	97	(b) An offense under this section is:
98	98	(1) a state jail felony if the number of abuse units of
99	99	the controlled substance is fewer than 20;
100	100	(2) a felony of the third degree if the number of abuse
101	101	units of the controlled substance is 20 or more but fewer than 80;
102	102	(3) a felony of the second degree if the number of
103	103	abuse units of the controlled substance is 80 or more but fewer than
104	104	4,000;
105	105	(4) a felony of the first degree if the number of abuse
106	106	units of the controlled substance is 4,000 or more but fewer than
107	107	8,000; and
108	108	(5) a felony of the first degree punishable by
109	109	imprisonment in the Texas Department of Criminal Justice for life
110	110	or for a term of not more than 99 years or less than 15 years and a
111	111	fine not to exceed $250,000, if the number of abuse units of the
112	112	controlled substance is 8,000 or more.
113	113	SECTION 8. Section 481.116(e), Health and Safety Code, is
114	114	amended to read as follows:
115	115	(e) An offense under Subsection (a) is a felony of the first
116	116	degree punishable by imprisonment in the Texas Department of
117	117	Criminal Justice for life or for a term of not more than 99 years or
118	118	less than five years, and a fine not to exceed $50,000, if the
119	119	amount of the controlled substance possessed is, by aggregate
120	120	weight, including adulterants or dilutants, 400 grams or more.
121	121	SECTION 9. Section 481.1161(b), Health and Safety Code, is
122	122	amended to read as follows:
123	123	(b) An offense under this section is:
124	124	(1) a Class B misdemeanor if the amount of the
125	125	controlled substance possessed is, by aggregate weight, including
126	126	adulterants or dilutants, two ounces or less;
127	127	(2) a Class A misdemeanor if the amount of the
128	128	controlled substance possessed is, by aggregate weight, including
129	129	adulterants or dilutants, four ounces or less but more than two
130	130	ounces;
131	131	(3) a state jail felony if the amount of the controlled
132	132	substance possessed is, by aggregate weight, including adulterants
133	133	or dilutants, five pounds or less but more than four ounces;
134	134	(4) a felony of the third degree if the amount of the
135	135	controlled substance possessed is, by aggregate weight, including
136	136	adulterants or dilutants, 50 pounds or less but more than 5 pounds;
137	137	(5) a felony of the second degree if the amount of the
138	138	controlled substance possessed is, by aggregate weight, including
139	139	adulterants or dilutants, 2,000 pounds or less but more than 50
140	140	pounds; and
141	141	(6) a felony of the first degree punishable by
142	142	imprisonment in the Texas Department of Criminal Justice for life
143	143	or for a term of not more than 99 years or less than 5 years, and a
144	144	fine not to exceed $50,000, if the amount of the controlled
145	145	substance possessed is, by aggregate weight, including adulterants
146	146	or dilutants, more than 2,000 pounds.
147	147	SECTION 10. Section 481.117(e), Health and Safety Code, is
148	148	amended to read as follows:
149	149	(e) An offense under Subsection (a) is a felony of the first
150	150	degree punishable by imprisonment in the Texas Department of
151	151	Criminal Justice for life or for a term of not more than 99 years or
152	152	less than five years, and a fine not to exceed $50,000, if the
153	153	amount of the controlled substance possessed is, by aggregate
154	154	weight, including adulterants or dilutants, 400 grams or more.
155	155	SECTION 11. Section 481.118(e), Health and Safety Code, is
156	156	amended to read as follows:
157	157	(e) An offense under Subsection (a) is a felony of the first
158	158	degree punishable by imprisonment in the Texas Department of
159	159	Criminal Justice for life or for a term of not more than 99 years or
160	160	less than five years, and a fine not to exceed $50,000, if the
161	161	amount of the controlled substance possessed is, by aggregate
162	162	weight, including adulterants or dilutants, 400 grams or more.
163	163	SECTION 12. Section 481.120(b), Health and Safety Code, is
164	164	amended to read as follows:
165	165	(b) An offense under Subsection (a) is:
166	166	(1) a Class B misdemeanor if the amount of marihuana
167	167	delivered is one-fourth ounce or less and the person committing the
168	168	offense does not receive remuneration for the marihuana;
169	169	(2) a Class A misdemeanor if the amount of marihuana
170	170	delivered is one-fourth ounce or less and the person committing the
171	171	offense receives remuneration for the marihuana;
172	172	(3) a state jail felony if the amount of marihuana
173	173	delivered is five pounds or less but more than one-fourth ounce;
174	174	(4) a felony of the second degree if the amount of
175	175	marihuana delivered is 50 pounds or less but more than five pounds;
176	176	(5) a felony of the first degree if the amount of
177	177	marihuana delivered is 2,000 pounds or less but more than 50 pounds;
178	178	and
179	179	(6) a felony of the first degree punishable by
180	180	imprisonment in the Texas Department of Criminal Justice for life
181	181	or for a term of not more than 99 years or less than 10 years, and a
182	182	fine not to exceed $100,000, if the amount of marihuana delivered is
183	183	more than 2,000 pounds.
184	184	SECTION 13. Section 481.121(b), Health and Safety Code, is
185	185	amended to read as follows:
186	186	(b) An offense under Subsection (a) is:
187	187	(1) a Class B misdemeanor if the amount of marihuana
188	188	possessed is two ounces or less;
189	189	(2) a Class A misdemeanor if the amount of marihuana
190	190	possessed is four ounces or less but more than two ounces;
191	191	(3) a state jail felony if the amount of marihuana
192	192	possessed is five pounds or less but more than four ounces;
193	193	(4) a felony of the third degree if the amount of
194	194	marihuana possessed is 50 pounds or less but more than 5 pounds;
195	195	(5) a felony of the second degree if the amount of
196	196	marihuana possessed is 2,000 pounds or less but more than 50 pounds;
197	197	and
198	198	(6) a felony of the first degree punishable by
199	199	imprisonment in the Texas Department of Criminal Justice for life
200	200	or for a term of not more than 99 years or less than 5 years, and a
201	201	fine not to exceed $50,000, if the amount of marihuana possessed is
202	202	more than 2,000 pounds.
203	203	SECTION 14. Section 481.126(a), Health and Safety Code, is
204	204	amended to read as follows:
205	205	(a) A person commits an offense if the person:
206	206	(1) barters property or expends funds the person knows
207	207	are derived from the commission of a first degree felony [an]
208	208	offense under this chapter punishable by imprisonment in the Texas
209	209	Department of Criminal Justice for life;
210	210	(2) barters property or expends funds the person knows
211	211	are derived from the commission of an offense under Section
212	212	481.121(a) that is punishable under Section 481.121(b)(5);
213	213	(3) barters property or finances or invests funds the
214	214	person knows or believes are intended to further the commission of
215	215	an offense for which the punishment is described by Subdivision
216	216	(1); or
217	217	(4) barters property or finances or invests funds the
218	218	person knows or believes are intended to further the commission of
219	219	an offense under Section 481.121(a) that is punishable under
220	220	Section 481.121(b)(5).
221	221	SECTION 15. Section 481.134(c), Health and Safety Code, as
222	222	amended by Chapters 584 (S.B. 768) and 807 (H.B. 1540), Acts of the
223	223	87th Legislature, Regular Session, 2021, is reenacted and amended
224	224	to read as follows:
225	225	(c) The minimum term of confinement or imprisonment for an
226	226	offense otherwise punishable under Section 481.112(c), (d), (e), or
227	227	(f), 481.1121(b)(2), (3), or (4), 481.1123(b), (c) [481.1123(c)],
228	228	(d), (e), or (f), 481.113(c), (d), or (e), 481.114(c), (d), or (e),
229	229	481.115(c)-(f), 481.1151(b)(2), (3), (4), or (5), 481.116(c), (d),
230	230	or (e), 481.1161(b)(4), (5), or (6), 481.117(c), (d), or (e),
231	231	481.118(c), (d), or (e), 481.120(b)(4), (5), or (6), or
232	232	481.121(b)(4), (5), or (6) is increased by five years and the
233	233	maximum fine for the offense is doubled if it is shown on the trial
234	234	of the offense that the offense was committed:
235	235	(1) in, on, or within 1,000 feet of the premises of a
236	236	school, the premises of a public or private youth center, or a
237	237	playground;
238	238	(2) on a school bus; or
239	239	(3) by any unauthorized person 18 years of age or
240	240	older, in, on, or within 1,000 feet of premises owned, rented, or
241	241	leased by a general residential operation operating as a
242	242	residential treatment center.
243	243	SECTION 16. Section 71.02(a), Penal Code, is amended to
244	244	read as follows:
245	245	(a) A person commits an offense if, with the intent to
246	246	establish, maintain, or participate in a combination or in the
247	247	profits of a combination or as a member of a criminal street gang,
248	248	the person commits or conspires to commit one or more of the
249	249	following:
250	250	(1) murder, capital murder, arson, aggravated
251	251	robbery, robbery, burglary, theft, aggravated kidnapping,
252	252	kidnapping, aggravated assault, aggravated sexual assault, sexual
253	253	assault, continuous sexual abuse of young child or disabled
254	254	individual, solicitation of a minor, forgery, deadly conduct,
255	255	assault punishable as a Class A misdemeanor, burglary of a motor
256	256	vehicle, or unauthorized use of a motor vehicle;
257	257	(2) any gambling offense punishable as a Class A
258	258	misdemeanor;
259	259	(3) promotion of prostitution, aggravated promotion
260	260	of prostitution, or compelling prostitution;
261	261	(4) unlawful manufacture, transportation, repair, or
262	262	sale of firearms or prohibited weapons;
263	263	(5) unlawful manufacture, delivery, dispensation, or
264	264	distribution of a controlled substance or dangerous drug, or
265	265	unlawful possession of a controlled substance or dangerous drug
266	266	through forgery, fraud, misrepresentation, or deception;
267	267	(5-a) causing the unlawful delivery, dispensation, or
268	268	distribution of a controlled substance or dangerous drug in
269	269	violation of Subtitle B, Title 3, Occupations Code;
270	270	(5-b) unlawful possession with intent to deliver a
271	271	controlled substance listed in Penalty Group 1-B under Section
272	272	481.1022, Health and Safety Code;
273	273	(6) any unlawful wholesale promotion or possession of
274	274	any obscene material or obscene device with the intent to wholesale
275	275	promote the same;
276	276	(7) any offense under Subchapter B, Chapter 43,
277	277	depicting or involving conduct by or directed toward a child
278	278	younger than 18 years of age;
279	279	(8) any felony offense under Chapter 32;
280	280	(9) any offense under Chapter 36;
281	281	(10) any offense under Chapter 34, 35, or 35A;
282	282	(11) any offense under Section 37.11(a);
283	283	(12) any offense under Chapter 20A;
284	284	(13) any offense under Section 37.10;
285	285	(14) any offense under Section 38.06, 38.07, 38.09, or
286	286	38.11;
287	287	(15) any offense under Section 42.10;
288	288	(16) any offense under Section 46.06(a)(1) or 46.14;
289	289	(17) any offense under Section 20.05 or 20.06;
290	290	(18) any offense under Section 16.02; or
291	291	(19) any offense classified as a felony under the Tax
292	292	Code.
293	293	SECTION 17. The changes in law made by this Act apply only
294	294	to an offense committed on or after the effective date of this Act.
295	295	An offense committed before the effective date of this Act is
296	296	governed by the law in effect on the date the offense was committed,
297	297	and the former law is continued in effect for that purpose. For
298	298	purposes of this section, an offense was committed before the
299	299	effective date of this Act if any element of the offense occurred
300	300	before that date.
301	301	SECTION 18. To the extent of any conflict, this Act prevails
302	302	over another Act of the 88th Legislature, Regular Session, 2023,
303	303	relating to nonsubstantive additions to and corrections in enacted
304	304	codes.
305	305	SECTION 19. This Act takes effect September 1, 2023.