| 1 | 1 | | 88R7856 JSC-F |
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| 2 | 2 | | By: Dutton H.B. No. 2446 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the criminal penalties for possession of marihuana. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Article 14.06(d), Code of Criminal Procedure, is |
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| 10 | 10 | | amended to read as follows: |
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| 11 | 11 | | (d) Subsection (c) applies only to a person charged with |
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| 12 | 12 | | committing an offense under: |
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| 13 | 13 | | (1) Section 481.121, Health and Safety Code, if the |
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| 14 | 14 | | offense is punishable under Subsection (b)(2), (b)(3), or (b-1) |
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| 15 | 15 | | [(b)(1) or (2)] of that section; |
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| 16 | 16 | | (1-a) Section 481.1161, Health and Safety Code, if the |
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| 17 | 17 | | offense is punishable under Subsection (b)(1) or (2) of that |
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| 18 | 18 | | section; |
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| 19 | 19 | | (2) Section 28.03, Penal Code, if the offense is |
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| 20 | 20 | | punishable under Subsection (b)(2) of that section; |
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| 21 | 21 | | (3) Section 28.08, Penal Code, if the offense is |
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| 22 | 22 | | punishable under Subsection (b)(2) or (3) of that section; |
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| 23 | 23 | | (4) Section 31.03, Penal Code, if the offense is |
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| 24 | 24 | | punishable under Subsection (e)(2)(A) of that section; |
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| 25 | 25 | | (5) Section 31.04, Penal Code, if the offense is |
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| 26 | 26 | | punishable under Subsection (e)(2) of that section; |
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| 27 | 27 | | (6) Section 38.114, Penal Code, if the offense is |
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| 28 | 28 | | punishable as a Class B misdemeanor; or |
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| 29 | 29 | | (7) Section 521.457, Transportation Code. |
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| 30 | 30 | | SECTION 2. Articles 42A.551(a) and (c), Code of Criminal |
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| 31 | 31 | | Procedure, are amended to read as follows: |
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| 32 | 32 | | (a) Except as otherwise provided by Subsection (b) or (c), |
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| 33 | 33 | | on conviction of a state jail felony under Section 481.115(b), |
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| 34 | 34 | | 481.1151(b)(1), 481.116(b), 481.1161(b)(3), 481.121(b)(4) |
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| 35 | 35 | | [481.121(b)(3)], or 481.129(g)(1), Health and Safety Code, that is |
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| 36 | 36 | | punished under Section 12.35(a), Penal Code, the judge shall |
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| 37 | 37 | | suspend the imposition of the sentence and place the defendant on |
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| 38 | 38 | | community supervision. |
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| 39 | 39 | | (c) Subsection (a) does not apply to a defendant who: |
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| 40 | 40 | | (1) under Section 481.1151(b)(1), Health and Safety |
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| 41 | 41 | | Code, possessed more than five abuse units of the controlled |
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| 42 | 42 | | substance; or |
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| 43 | 43 | | (2) under Section 481.1161(b)(3), Health and Safety |
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| 44 | 44 | | Code, possessed more than one pound, by aggregate weight, including |
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| 45 | 45 | | adulterants or dilutants, of the controlled substance[; or |
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| 46 | 46 | | [(3) under Section 481.121(b)(3), Health and Safety |
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| 47 | 47 | | Code, possessed more than one pound of marihuana]. |
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| 48 | 48 | | SECTION 3. Article 45.051, Code of Criminal Procedure, is |
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| 49 | 49 | | amended by adding Subsection (h) to read as follows: |
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| 50 | 50 | | (h) This subsection applies only to a defendant charged with |
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| 51 | 51 | | an offense under Section 481.121, Health and Safety Code, who is |
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| 52 | 52 | | granted a deferral under Subsection (a) of this section. In |
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| 53 | 53 | | addition to any other requirement, the judge shall, during the |
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| 54 | 54 | | deferral period, require that the defendant successfully complete a |
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| 55 | 55 | | drug abuse awareness and education program approved by the Texas |
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| 56 | 56 | | Department of Licensing and Regulation. |
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| 57 | 57 | | SECTION 4. Article 55.01(a), Code of Criminal Procedure, is |
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| 58 | 58 | | amended to read as follows: |
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| 59 | 59 | | (a) A person who has been placed under a custodial or |
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| 60 | 60 | | noncustodial arrest for commission of either a felony or |
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| 61 | 61 | | misdemeanor is entitled to have all records and files relating to |
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| 62 | 62 | | the arrest expunged if: |
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| 63 | 63 | | (1) the person is tried for the offense for which the |
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| 64 | 64 | | person was arrested and is: |
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| 65 | 65 | | (A) acquitted by the trial court, except as |
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| 66 | 66 | | provided by Subsection (c); |
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| 67 | 67 | | (B) convicted and subsequently: |
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| 68 | 68 | | (i) pardoned for a reason other than that |
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| 69 | 69 | | described by Subparagraph (ii); or |
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| 70 | 70 | | (ii) pardoned or otherwise granted relief |
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| 71 | 71 | | on the basis of actual innocence with respect to that offense, if |
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| 72 | 72 | | the applicable pardon or court order clearly indicates on its face |
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| 73 | 73 | | that the pardon or order was granted or rendered on the basis of the |
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| 74 | 74 | | person's actual innocence; [or] |
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| 75 | 75 | | (C) convicted of an offense committed before |
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| 76 | 76 | | September 1, 2021, under Section 46.02(a), Penal Code, as that |
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| 77 | 77 | | section existed before that date; or |
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| 78 | 78 | | (D) convicted of an offense committed before |
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| 79 | 79 | | September 1, 2023, under Section 481.121(b)(1), Health and Safety |
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| 80 | 80 | | Code, as that section existed before that date; or |
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| 81 | 81 | | (2) the person has been released and the charge, if |
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| 82 | 82 | | any, has not resulted in a final conviction and is no longer pending |
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| 83 | 83 | | and there was no court-ordered community supervision under Chapter |
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| 84 | 84 | | 42A for the offense, unless the offense is a Class C misdemeanor, |
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| 85 | 85 | | provided that: |
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| 86 | 86 | | (A) regardless of whether any statute of |
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| 87 | 87 | | limitations exists for the offense and whether any limitations |
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| 88 | 88 | | period for the offense has expired, an indictment or information |
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| 89 | 89 | | charging the person with the commission of a misdemeanor offense |
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| 90 | 90 | | based on the person's arrest or charging the person with the |
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| 91 | 91 | | commission of any felony offense arising out of the same |
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| 92 | 92 | | transaction for which the person was arrested: |
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| 93 | 93 | | (i) has not been presented against the |
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| 94 | 94 | | person at any time following the arrest, and: |
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| 95 | 95 | | (a) at least 180 days have elapsed |
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| 96 | 96 | | from the date of arrest if the arrest for which the expunction was |
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| 97 | 97 | | sought was for an offense punishable as a Class C misdemeanor and if |
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| 98 | 98 | | there was no felony charge arising out of the same transaction for |
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| 99 | 99 | | which the person was arrested; |
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| 100 | 100 | | (b) at least one year has elapsed from |
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| 101 | 101 | | the date of arrest if the arrest for which the expunction was sought |
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| 102 | 102 | | was for an offense punishable as a Class B or A misdemeanor and if |
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| 103 | 103 | | there was no felony charge arising out of the same transaction for |
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| 104 | 104 | | which the person was arrested; |
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| 105 | 105 | | (c) at least three years have elapsed |
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| 106 | 106 | | from the date of arrest if the arrest for which the expunction was |
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| 107 | 107 | | sought was for an offense punishable as a felony or if there was a |
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| 108 | 108 | | felony charge arising out of the same transaction for which the |
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| 109 | 109 | | person was arrested; or |
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| 110 | 110 | | (d) the attorney representing the |
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| 111 | 111 | | state certifies that the applicable arrest records and files are |
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| 112 | 112 | | not needed for use in any criminal investigation or prosecution, |
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| 113 | 113 | | including an investigation or prosecution of another person; or |
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| 114 | 114 | | (ii) if presented at any time following the |
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| 115 | 115 | | arrest, was dismissed or quashed, and the court finds that the |
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| 116 | 116 | | indictment or information was dismissed or quashed because: |
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| 117 | 117 | | (a) the person completed a veterans |
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| 118 | 118 | | treatment court program created under Chapter 124, Government Code, |
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| 119 | 119 | | or former law, subject to Subsection (a-3); |
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| 120 | 120 | | (b) the person completed a mental |
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| 121 | 121 | | health court program created under Chapter 125, Government Code, or |
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| 122 | 122 | | former law, subject to Subsection (a-4); |
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| 123 | 123 | | (c) the person completed a pretrial |
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| 124 | 124 | | intervention program authorized under Section 76.011, Government |
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| 125 | 125 | | Code, other than a veterans treatment court program created under |
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| 126 | 126 | | Chapter 124, Government Code, or former law, or a mental health |
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| 127 | 127 | | court program created under Chapter 125, Government Code, or former |
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| 128 | 128 | | law; |
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| 129 | 129 | | (d) the presentment had been made |
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| 130 | 130 | | because of mistake, false information, or other similar reason |
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| 131 | 131 | | indicating absence of probable cause at the time of the dismissal to |
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| 132 | 132 | | believe the person committed the offense; or |
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| 133 | 133 | | (e) the indictment or information was |
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| 134 | 134 | | void; or |
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| 135 | 135 | | (B) prosecution of the person for the offense for |
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| 136 | 136 | | which the person was arrested is no longer possible because the |
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| 137 | 137 | | limitations period has expired. |
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| 138 | 138 | | SECTION 5. Section 2(a), Article 55.02, Code of Criminal |
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| 139 | 139 | | Procedure, is amended to read as follows: |
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| 140 | 140 | | (a) A person who is entitled to expunction of records and |
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| 141 | 141 | | files under Article 55.01(a)(1)(A), 55.01(a)(1)(B)(i), |
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| 142 | 142 | | 55.01(a)(1)(C), 55.01(a)(1)(D), or 55.01(a)(2) or a person who is |
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| 143 | 143 | | eligible for expunction of records and files under Article 55.01(b) |
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| 144 | 144 | | may file an ex parte petition for expunction in a district court for |
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| 145 | 145 | | the county in which: |
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| 146 | 146 | | (1) the petitioner was arrested; or |
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| 147 | 147 | | (2) the offense was alleged to have occurred. |
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| 148 | 148 | | SECTION 6. Section 411.0728(a), Government Code, is amended |
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| 149 | 149 | | to read as follows: |
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| 150 | 150 | | (a) This section applies only to a person: |
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| 151 | 151 | | (1) who is convicted of or placed on deferred |
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| 152 | 152 | | adjudication community supervision for an offense under: |
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| 153 | 153 | | (A) Section 481.120, Health and Safety Code, if |
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| 154 | 154 | | the offense is punishable under Subsection (b)(1); |
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| 155 | 155 | | (B) Section 481.121, Health and Safety Code, if |
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| 156 | 156 | | the offense is punishable under Subsection (b)(2) or (b-1) |
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| 157 | 157 | | [(b)(1)]; |
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| 158 | 158 | | (C) Section 31.03, Penal Code, if the offense is |
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| 159 | 159 | | punishable under Subsection (e)(1) or (2); or |
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| 160 | 160 | | (D) Section 43.02, Penal Code; and |
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| 161 | 161 | | (2) who, if requested by the applicable law |
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| 162 | 162 | | enforcement agency or prosecuting attorney to provide assistance in |
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| 163 | 163 | | the investigation or prosecution of an offense under Section |
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| 164 | 164 | | 20A.02, 20A.03, or 43.05, Penal Code, or a federal offense |
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| 165 | 165 | | containing elements that are substantially similar to the elements |
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| 166 | 166 | | of an offense under any of those sections: |
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| 167 | 167 | | (A) provided assistance in the investigation or |
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| 168 | 168 | | prosecution of the offense; or |
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| 169 | 169 | | (B) did not provide assistance in the |
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| 170 | 170 | | investigation or prosecution of the offense due to the person's age |
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| 171 | 171 | | or a physical or mental disability resulting from being a victim of |
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| 172 | 172 | | an offense described by this subdivision. |
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| 173 | 173 | | SECTION 7. Section 481.115(h), Health and Safety Code, is |
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| 174 | 174 | | amended to read as follows: |
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| 175 | 175 | | (h) The defense to prosecution provided by Subsection (g) is |
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| 176 | 176 | | not available if: |
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| 177 | 177 | | (1) at the time the request for emergency medical |
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| 178 | 178 | | assistance was made: |
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| 179 | 179 | | (A) a peace officer was in the process of |
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| 180 | 180 | | arresting the actor or executing a search warrant describing the |
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| 181 | 181 | | actor or the place from which the request for medical assistance was |
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| 182 | 182 | | made; or |
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| 183 | 183 | | (B) the actor is committing another offense, |
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| 184 | 184 | | other than an offense punishable under Section 481.1151(b)(1), |
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| 185 | 185 | | 481.116(b), 481.1161(b)(1) or (2), 481.117(b), 481.118(b), or |
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| 186 | 186 | | 481.121(b)(1), (b)(2), (b)(3), or (b-1) [(2)], or an offense under |
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| 187 | 187 | | Section 481.119(b), 481.125(a), 483.041(a), or 485.031(a); |
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| 188 | 188 | | (2) the actor has been previously convicted of or |
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| 189 | 189 | | placed on deferred adjudication community supervision for an |
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| 190 | 190 | | offense under this chapter or Chapter 483 or 485; |
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| 191 | 191 | | (3) the actor was acquitted in a previous proceeding |
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| 192 | 192 | | in which the actor successfully established the defense under that |
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| 193 | 193 | | subsection or Section 481.1151(c), 481.116(f), 481.1161(c), |
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| 194 | 194 | | 481.117(f), 481.118(f), 481.119(c), 481.121(c), 481.125(g), |
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| 195 | 195 | | 483.041(e), or 485.031(c); or |
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| 196 | 196 | | (4) at any time during the 18-month period preceding |
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| 197 | 197 | | the date of the commission of the instant offense, the actor |
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| 198 | 198 | | requested emergency medical assistance in response to the possible |
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| 199 | 199 | | overdose of the actor or another person. |
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| 200 | 200 | | SECTION 8. Section 481.1151(d), Health and Safety Code, is |
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| 201 | 201 | | amended to read as follows: |
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| 202 | 202 | | (d) The defense to prosecution provided by Subsection (c) is |
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| 203 | 203 | | not available if: |
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| 204 | 204 | | (1) at the time the request for emergency medical |
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| 205 | 205 | | assistance was made: |
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| 206 | 206 | | (A) a peace officer was in the process of |
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| 207 | 207 | | arresting the actor or executing a search warrant describing the |
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| 208 | 208 | | actor or the place from which the request for medical assistance was |
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| 209 | 209 | | made; or |
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| 210 | 210 | | (B) the actor is committing another offense, |
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| 211 | 211 | | other than an offense punishable under Section 481.115(b), |
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| 212 | 212 | | 481.116(b), 481.1161(b)(1) or (2), 481.117(b), 481.118(b), or |
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| 213 | 213 | | 481.121(b)(1), (b)(2), (b)(3), or (b-1) [(2)], or an offense under |
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| 214 | 214 | | Section 481.119(b), 481.125(a), 483.041(a), or 485.031(a); |
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| 215 | 215 | | (2) the actor has been previously convicted of or |
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| 216 | 216 | | placed on deferred adjudication community supervision for an |
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| 217 | 217 | | offense under this chapter or Chapter 483 or 485; |
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| 218 | 218 | | (3) the actor was acquitted in a previous proceeding |
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| 219 | 219 | | in which the actor successfully established the defense under that |
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| 220 | 220 | | subsection or Section 481.115(g), 481.116(f), 481.1161(c), |
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| 221 | 221 | | 481.117(f), 481.118(f), 481.119(c), 481.121(c), 481.125(g), |
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| 222 | 222 | | 483.041(e), or 485.031(c); or |
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| 223 | 223 | | (4) at any time during the 18-month period preceding |
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| 224 | 224 | | the date of the commission of the instant offense, the actor |
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| 225 | 225 | | requested emergency medical assistance in response to |
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| 226 | 226 | | the possible overdose of the actor or another person. |
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| 227 | 227 | | SECTION 9. Section 481.116(g), Health and Safety Code, is |
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| 228 | 228 | | amended to read as follows: |
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| 229 | 229 | | (g) The defense to prosecution provided by Subsection (f) is |
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| 230 | 230 | | not available if: |
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| 231 | 231 | | (1) at the time the request for emergency medical |
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| 232 | 232 | | assistance was made: |
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| 233 | 233 | | (A) a peace officer was in the process of |
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| 234 | 234 | | arresting the actor or executing a search warrant describing the |
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| 235 | 235 | | actor or the place from which the request for medical assistance was |
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| 236 | 236 | | made; or |
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| 237 | 237 | | (B) the actor is committing another offense, |
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| 238 | 238 | | other than an offense punishable under Section 481.115(b), |
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| 239 | 239 | | 481.1151(b)(1), 481.1161(b)(1) or (2), 481.117(b), 481.118(b), or |
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| 240 | 240 | | 481.121(b)(1), (b)(2), (b)(3), or (b-1) [(2)], or an offense under |
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| 241 | 241 | | Section 481.119(b), 481.125(a), 483.041(a), or 485.031(a); |
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| 242 | 242 | | (2) the actor has been previously convicted of or |
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| 243 | 243 | | placed on deferred adjudication community supervision for an |
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| 244 | 244 | | offense under this chapter or Chapter 483 or 485; |
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| 245 | 245 | | (3) the actor was acquitted in a previous proceeding |
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| 246 | 246 | | in which the actor successfully established the defense under that |
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| 247 | 247 | | subsection or Section 481.115(g), 481.1151(c), 481.1161(c), |
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| 248 | 248 | | 481.117(f), 481.118(f), 481.119(c), 481.121(c), 481.125(g), |
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| 249 | 249 | | 483.041(e), or 485.031(c); or |
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| 250 | 250 | | (4) at any time during the 18-month period preceding |
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| 251 | 251 | | the date of the commission of the instant offense, the actor |
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| 252 | 252 | | requested emergency medical assistance in response to |
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| 253 | 253 | | the possible overdose of the actor or another person. |
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| 254 | 254 | | SECTION 10. Section 481.1161(d), Health and Safety Code, is |
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| 255 | 255 | | amended to read as follows: |
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| 256 | 256 | | (d) The defense to prosecution provided by Subsection (c) is |
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| 257 | 257 | | not available if: |
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| 258 | 258 | | (1) at the time the request for emergency medical |
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| 259 | 259 | | assistance was made: |
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| 260 | 260 | | (A) a peace officer was in the process of |
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| 261 | 261 | | arresting the actor or executing a search warrant describing the |
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| 262 | 262 | | actor or the place from which the request for medical assistance was |
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| 263 | 263 | | made; or |
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| 264 | 264 | | (B) the actor is committing another offense, |
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| 265 | 265 | | other than an offense punishable under Section 481.115(b), |
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| 266 | 266 | | 481.1151(b)(1), 481.116(b), 481.117(b), 481.118(b), or |
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| 267 | 267 | | 481.121(b)(1), (b)(2), (b)(3), or (b-1) [(2)], or an offense under |
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| 268 | 268 | | Section 481.119(b), 481.125(a), 483.041(a), or 485.031(a); |
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| 269 | 269 | | (2) the actor has been previously convicted of or |
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| 270 | 270 | | placed on deferred adjudication community supervision for an |
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| 271 | 271 | | offense under this chapter or Chapter 483 or 485; |
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| 272 | 272 | | (3) the actor was acquitted in a previous proceeding |
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| 273 | 273 | | in which the actor successfully established the defense under that |
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| 274 | 274 | | subsection or Section 481.115(g), 481.1151(c), 481.116(f), |
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| 275 | 275 | | 481.117(f), 481.118(f), 481.119(c), 481.121(c), 481.125(g), |
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| 276 | 276 | | 483.041(e), or 485.031(c); or |
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| 277 | 277 | | (4) at any time during the 18-month period preceding |
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| 278 | 278 | | the date of the commission of the instant offense, the actor |
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| 279 | 279 | | requested emergency medical assistance in response to |
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| 280 | 280 | | the possible overdose of the actor or another person. |
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| 281 | 281 | | SECTION 11. Section 481.117(g), Health and Safety Code, is |
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| 282 | 282 | | amended to read as follows: |
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| 283 | 283 | | (g) The defense to prosecution provided by Subsection (f) is |
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| 284 | 284 | | not available if: |
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| 285 | 285 | | (1) at the time the request for emergency medical |
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| 286 | 286 | | assistance was made: |
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| 287 | 287 | | (A) a peace officer was in the process of |
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| 288 | 288 | | arresting the actor or executing a search warrant describing the |
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| 289 | 289 | | actor or the place from which the request for medical assistance was |
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| 290 | 290 | | made; or |
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| 291 | 291 | | (B) the actor is committing another offense, |
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| 292 | 292 | | other than an offense punishable under Section 481.115(b), |
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| 293 | 293 | | 481.1151(b)(1), 481.116(b), 481.1161(b)(1) or (2), 481.118(b), or |
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| 294 | 294 | | 481.121(b)(1), (b)(2), (b)(3), or (b-1) [(2)], or an offense under |
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| 295 | 295 | | Section 481.119(b), 481.125(a), 483.041(a), or 485.031(a); |
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| 296 | 296 | | (2) the actor has been previously convicted of or |
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| 297 | 297 | | placed on deferred adjudication community supervision for an |
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| 298 | 298 | | offense under this chapter or Chapter 483 or 485; |
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| 299 | 299 | | (3) the actor was acquitted in a previous proceeding |
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| 300 | 300 | | in which the actor successfully established the defense under that |
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| 301 | 301 | | subsection or Section 481.115(g), 481.1151(c), 481.116(f), |
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| 302 | 302 | | 481.1161(c), 481.118(f), 481.119(c), 481.121(c), 481.125(g), |
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| 303 | 303 | | 483.041(e), or 485.031(c); or |
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| 304 | 304 | | (4) at any time during the 18-month period preceding |
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| 305 | 305 | | the date of the commission of the instant offense, the actor |
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| 306 | 306 | | requested emergency medical assistance in response to |
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| 307 | 307 | | the possible overdose of the actor or another person. |
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| 308 | 308 | | SECTION 12. Section 481.118(g), Health and Safety Code, is |
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| 309 | 309 | | amended to read as follows: |
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| 310 | 310 | | (g) The defense to prosecution provided by Subsection (f) is |
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| 311 | 311 | | not available if: |
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| 312 | 312 | | (1) at the time the request for emergency medical |
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| 313 | 313 | | assistance was made: |
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| 314 | 314 | | (A) a peace officer was in the process of |
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| 315 | 315 | | arresting the actor or executing a search warrant describing the |
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| 316 | 316 | | actor or the place from which the request for medical assistance was |
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| 317 | 317 | | made; or |
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| 318 | 318 | | (B) the actor is committing another offense, |
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| 319 | 319 | | other than an offense punishable under Section 481.115(b), |
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| 320 | 320 | | 481.1151(b)(1), 481.116(b), 481.1161(b)(1) or (2), 481.117(b), or |
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| 321 | 321 | | 481.121(b)(1), (b)(2), (b)(3), or (b-1) [(2)], or an offense under |
|---|
| 322 | 322 | | Section 481.119(b), 481.125(a), 483.041(a), or 485.031(a); |
|---|
| 323 | 323 | | (2) the actor has been previously convicted of or |
|---|
| 324 | 324 | | placed on deferred adjudication community supervision for an |
|---|
| 325 | 325 | | offense under this chapter or Chapter 483 or 485; |
|---|
| 326 | 326 | | (3) the actor was acquitted in a previous proceeding |
|---|
| 327 | 327 | | in which the actor successfully established the defense under that |
|---|
| 328 | 328 | | subsection or Section 481.115(g), 481.1151(c), 481.116(f), |
|---|
| 329 | 329 | | 481.1161(c), 481.117(f), 481.119(c), 481.121(c), 481.125(g), |
|---|
| 330 | 330 | | 483.041(e), or 485.031(c); or |
|---|
| 331 | 331 | | (4) at any time during the 18-month period preceding |
|---|
| 332 | 332 | | the date of the commission of the instant offense, the actor |
|---|
| 333 | 333 | | requested emergency medical assistance in response to |
|---|
| 334 | 334 | | the possible overdose of the actor or another person. |
|---|
| 335 | 335 | | SECTION 13. Section 481.119(d), Health and Safety Code, is |
|---|
| 336 | 336 | | amended to read as follows: |
|---|
| 337 | 337 | | (d) The defense to prosecution provided by Subsection (c) is |
|---|
| 338 | 338 | | not available if: |
|---|
| 339 | 339 | | (1) at the time the request for emergency medical |
|---|
| 340 | 340 | | assistance was made: |
|---|
| 341 | 341 | | (A) a peace officer was in the process of |
|---|
| 342 | 342 | | arresting the actor or executing a search warrant describing the |
|---|
| 343 | 343 | | actor or the place from which the request for medical assistance was |
|---|
| 344 | 344 | | made; or |
|---|
| 345 | 345 | | (B) the actor is committing another offense, |
|---|
| 346 | 346 | | other than an offense punishable under Section 481.115(b), |
|---|
| 347 | 347 | | 481.1151(b)(1), 481.116(b), 481.1161(b)(1) or (2), 481.117(b), |
|---|
| 348 | 348 | | 481.118(b), or 481.121(b)(1), (b)(2), (b)(3), or (b-1) [(2)], or an |
|---|
| 349 | 349 | | offense under Section 481.125(a), 483.041(a), or 485.031(a); |
|---|
| 350 | 350 | | (2) the actor has been previously convicted of or |
|---|
| 351 | 351 | | placed on deferred adjudication community supervision for an |
|---|
| 352 | 352 | | offense under this chapter or Chapter 483 or 485; |
|---|
| 353 | 353 | | (3) the actor was acquitted in a previous proceeding |
|---|
| 354 | 354 | | in which the actor successfully established the defense under that |
|---|
| 355 | 355 | | subsection or Section 481.115(g), 481.1151(c), 481.116(f), |
|---|
| 356 | 356 | | 481.1161(c), 481.117(f), 481.118(f), 481.121(c), 481.125(g), |
|---|
| 357 | 357 | | 483.041(e), or 485.031(c); or |
|---|
| 358 | 358 | | (4) at any time during the 18-month period preceding |
|---|
| 359 | 359 | | the date of the commission of the instant offense, the actor |
|---|
| 360 | 360 | | requested emergency medical assistance in response to |
|---|
| 361 | 361 | | the possible overdose of the actor or another person. |
|---|
| 362 | 362 | | SECTION 14. Section 481.121, Health and Safety Code, is |
|---|
| 363 | 363 | | amended by amending Subsections (b) and (c) and adding Subsection |
|---|
| 364 | 364 | | (b-1) to read as follows: |
|---|
| 365 | 365 | | (b) An offense under Subsection (a) is: |
|---|
| 366 | 366 | | (1) a Class C [B] misdemeanor if the amount of |
|---|
| 367 | 367 | | marihuana possessed is two ounces or less, except as provided by |
|---|
| 368 | 368 | | Subsection (b-1); |
|---|
| 369 | 369 | | (2) a Class B [A] misdemeanor if the amount of |
|---|
| 370 | 370 | | marihuana possessed is four ounces or less but more than two ounces; |
|---|
| 371 | 371 | | (3) a Class A misdemeanor [state jail felony] if the |
|---|
| 372 | 372 | | amount of marihuana possessed is five pounds or less but more than |
|---|
| 373 | 373 | | four ounces; |
|---|
| 374 | 374 | | (4) a state jail felony [of the third degree] if the |
|---|
| 375 | 375 | | amount of marihuana possessed is 50 pounds or less but more than 5 |
|---|
| 376 | 376 | | pounds; |
|---|
| 377 | 377 | | (5) a felony of the third [second] degree if the amount |
|---|
| 378 | 378 | | of marihuana possessed is 2,000 pounds or less but more than 50 |
|---|
| 379 | 379 | | pounds; and |
|---|
| 380 | 380 | | (6) a felony of the second degree [punishable by |
|---|
| 381 | 381 | | imprisonment in the Texas Department of Criminal Justice for life |
|---|
| 382 | 382 | | or for a term of not more than 99 years or less than 5 years, and a |
|---|
| 383 | 383 | | fine not to exceed $50,000,] if the amount of marihuana possessed is |
|---|
| 384 | 384 | | more than 2,000 pounds. |
|---|
| 385 | 385 | | (b-1) An offense under Subsection (b)(1) is a Class B |
|---|
| 386 | 386 | | misdemeanor if it is shown on the trial of the offense that the |
|---|
| 387 | 387 | | defendant has been previously convicted three or more times of an |
|---|
| 388 | 388 | | offense involving the possession of marihuana and each prior |
|---|
| 389 | 389 | | offense was committed within the 24-month period preceding the date |
|---|
| 390 | 390 | | of the commission of the instant offense. For purposes of this |
|---|
| 391 | 391 | | subsection, "offense involving the possession of marihuana" means |
|---|
| 392 | 392 | | an offense under this section or an offense under the laws of |
|---|
| 393 | 393 | | another state that contains elements substantially similar to the |
|---|
| 394 | 394 | | elements of an offense under this section. |
|---|
| 395 | 395 | | (c) It is a defense to prosecution for an offense punishable |
|---|
| 396 | 396 | | under Subsection (b)(1), (b)(2), (b)(3), or (b-1) [(2)] that the |
|---|
| 397 | 397 | | actor: |
|---|
| 398 | 398 | | (1) was the first person to request emergency medical |
|---|
| 399 | 399 | | assistance in response to the possible overdose of another person |
|---|
| 400 | 400 | | and: |
|---|
| 401 | 401 | | (A) made the request for medical assistance |
|---|
| 402 | 402 | | during an ongoing medical emergency; |
|---|
| 403 | 403 | | (B) remained on the scene until the medical |
|---|
| 404 | 404 | | assistance arrived; and |
|---|
| 405 | 405 | | (C) cooperated with medical assistance and law |
|---|
| 406 | 406 | | enforcement personnel; or |
|---|
| 407 | 407 | | (2) was the victim of a possible overdose for which |
|---|
| 408 | 408 | | emergency medical assistance was requested, by the actor or by |
|---|
| 409 | 409 | | another person, during an ongoing medical emergency. |
|---|
| 410 | 410 | | SECTION 15. Section 481.125(h), Health and Safety Code, is |
|---|
| 411 | 411 | | amended to read as follows: |
|---|
| 412 | 412 | | (h) The defense to prosecution provided by Subsection (g) is |
|---|
| 413 | 413 | | not available if: |
|---|
| 414 | 414 | | (1) at the time the request for emergency medical |
|---|
| 415 | 415 | | assistance was made: |
|---|
| 416 | 416 | | (A) a peace officer was in the process of |
|---|
| 417 | 417 | | arresting the actor or executing a search warrant describing the |
|---|
| 418 | 418 | | actor or the place from which the request for medical assistance was |
|---|
| 419 | 419 | | made; or |
|---|
| 420 | 420 | | (B) the actor is committing another offense, |
|---|
| 421 | 421 | | other than an offense punishable under Section 481.115(b), |
|---|
| 422 | 422 | | 481.1151(b)(1), 481.116(b), 481.1161(b)(1) or (2), 481.117(b), |
|---|
| 423 | 423 | | 481.118(b), or 481.121(b)(1), (b)(2), (b)(3), or (b-1) [(2)], or an |
|---|
| 424 | 424 | | offense under Section 481.119(b), 483.041(a), or 485.031(a); |
|---|
| 425 | 425 | | (2) the actor has been previously convicted of or |
|---|
| 426 | 426 | | placed on deferred adjudication community supervision for an |
|---|
| 427 | 427 | | offense under this chapter or Chapter 483 or 485; |
|---|
| 428 | 428 | | (3) the actor was acquitted in a previous proceeding |
|---|
| 429 | 429 | | in which the actor successfully established the defense under that |
|---|
| 430 | 430 | | subsection or Section 481.115(g), 481.1151(c), 481.116(f), |
|---|
| 431 | 431 | | 481.1161(c), 481.117(f), 481.118(f), 481.119(c), 481.121(c), |
|---|
| 432 | 432 | | 483.041(e), or 485.031(c); or |
|---|
| 433 | 433 | | (4) at any time during the 18-month period preceding |
|---|
| 434 | 434 | | the date of the commission of the instant offense, the actor |
|---|
| 435 | 435 | | requested emergency medical assistance in response to the possible |
|---|
| 436 | 436 | | overdose of the actor or another person. |
|---|
| 437 | 437 | | SECTION 16. Section 481.126(a), Health and Safety Code, is |
|---|
| 438 | 438 | | amended to read as follows: |
|---|
| 439 | 439 | | (a) A person commits an offense if the person: |
|---|
| 440 | 440 | | (1) barters property or expends funds the person knows |
|---|
| 441 | 441 | | are derived from the commission of an offense under this chapter |
|---|
| 442 | 442 | | punishable by imprisonment in the Texas Department of Criminal |
|---|
| 443 | 443 | | Justice for life; |
|---|
| 444 | 444 | | (2) barters property or expends funds the person knows |
|---|
| 445 | 445 | | are derived from the commission of an offense under Section |
|---|
| 446 | 446 | | 481.121(a) that is punishable under Section 481.121(b)(6) |
|---|
| 447 | 447 | | [481.121(b)(5)]; |
|---|
| 448 | 448 | | (3) barters property or finances or invests funds the |
|---|
| 449 | 449 | | person knows or believes are intended to further the commission of |
|---|
| 450 | 450 | | an offense for which the punishment is described by Subdivision |
|---|
| 451 | 451 | | (1); or |
|---|
| 452 | 452 | | (4) barters property or finances or invests funds the |
|---|
| 453 | 453 | | person knows or believes are intended to further the commission of |
|---|
| 454 | 454 | | an offense under Section 481.121(a) that is punishable under |
|---|
| 455 | 455 | | Section 481.121(b)(6) [481.121(b)(5)]. |
|---|
| 456 | 456 | | SECTION 17. Section 481.134(c), Health and Safety Code, as |
|---|
| 457 | 457 | | amended by Chapters 584 (S.B. 768) and 807 (H.B. 1540), Acts of the |
|---|
| 458 | 458 | | 87th Legislature, Regular Session, 2021, is reenacted and amended |
|---|
| 459 | 459 | | to read as follows: |
|---|
| 460 | 460 | | (c) The minimum term of confinement or imprisonment for an |
|---|
| 461 | 461 | | offense otherwise punishable under Section 481.112(c), (d), (e), or |
|---|
| 462 | 462 | | (f), 481.1121(b)(2), (3), or (4), 481.1123(c), (d), (e), or (f), |
|---|
| 463 | 463 | | 481.113(c), (d), or (e), 481.114(c), (d), or (e), 481.115(c)-(f), |
|---|
| 464 | 464 | | 481.1151(b)(2), (3), (4), or (5), 481.116(c), (d), or (e), |
|---|
| 465 | 465 | | 481.1161(b)(4), (5), or (6), 481.117(c), (d), or (e), 481.118(c), |
|---|
| 466 | 466 | | (d), or (e), 481.120(b)(4), (5), or (6), or 481.121(b)(5) |
|---|
| 467 | 467 | | [481.121(b)(4), (5),] or (6) is increased by five years and the |
|---|
| 468 | 468 | | maximum fine for the offense is doubled if it is shown on the trial |
|---|
| 469 | 469 | | of the offense that the offense was committed: |
|---|
| 470 | 470 | | (1) in, on, or within 1,000 feet of the premises of a |
|---|
| 471 | 471 | | school, the premises of a public or private youth center, or a |
|---|
| 472 | 472 | | playground; |
|---|
| 473 | 473 | | (2) on a school bus; or |
|---|
| 474 | 474 | | (3) by any unauthorized person 18 years of age or |
|---|
| 475 | 475 | | older, in, on, or within 1,000 feet of premises owned, rented, or |
|---|
| 476 | 476 | | leased by a general residential operation operating as a |
|---|
| 477 | 477 | | residential treatment center. |
|---|
| 478 | 478 | | SECTION 18. Sections 481.134(d), (e), and (f), Health and |
|---|
| 479 | 479 | | Safety Code, are amended to read as follows: |
|---|
| 480 | 480 | | (d) An offense otherwise punishable under Section |
|---|
| 481 | 481 | | 481.112(b), 481.1121(b)(1), 481.113(b), 481.114(b), 481.115(b), |
|---|
| 482 | 482 | | 481.1151(b)(1), 481.116(b), 481.1161(b)(3), 481.120(b)(3), or |
|---|
| 483 | 483 | | 481.121(b)(4) [481.121(b)(3)] is a felony of the third degree if it |
|---|
| 484 | 484 | | is shown on the trial of the offense that the offense was committed: |
|---|
| 485 | 485 | | (1) in, on, or within 1,000 feet of any real property |
|---|
| 486 | 486 | | that is owned, rented, or leased to a school or school board, the |
|---|
| 487 | 487 | | premises of a public or private youth center, or a playground; |
|---|
| 488 | 488 | | (2) on a school bus; or |
|---|
| 489 | 489 | | (3) by any unauthorized person 18 years of age or |
|---|
| 490 | 490 | | older, in, on, or within 1,000 feet of premises owned, rented, or |
|---|
| 491 | 491 | | leased by a general residential operation operating as a |
|---|
| 492 | 492 | | residential treatment center. |
|---|
| 493 | 493 | | (e) An offense otherwise punishable under Section |
|---|
| 494 | 494 | | 481.117(b), 481.119(a), 481.120(b)(2), or 481.121(b)(3) |
|---|
| 495 | 495 | | [481.121(b)(2)] is a state jail felony if it is shown on the trial |
|---|
| 496 | 496 | | of the offense that the offense was committed: |
|---|
| 497 | 497 | | (1) in, on, or within 1,000 feet of any real property |
|---|
| 498 | 498 | | that is owned, rented, or leased to a school or school board, the |
|---|
| 499 | 499 | | premises of a public or private youth center, or a playground; |
|---|
| 500 | 500 | | (2) on a school bus; or |
|---|
| 501 | 501 | | (3) by any unauthorized person 18 years of age or |
|---|
| 502 | 502 | | older, in, on, or within 1,000 feet of premises owned, rented, or |
|---|
| 503 | 503 | | leased by a general residential operation operating as a |
|---|
| 504 | 504 | | residential treatment center. |
|---|
| 505 | 505 | | (f) An offense otherwise punishable under Section |
|---|
| 506 | 506 | | 481.118(b), 481.119(b), 481.120(b)(1), or 481.121(b)(2) or (b-1) |
|---|
| 507 | 507 | | [481.121(b)(1)] is a Class A misdemeanor if it is shown on the trial |
|---|
| 508 | 508 | | of the offense that the offense was committed: |
|---|
| 509 | 509 | | (1) in, on, or within 1,000 feet of any real property |
|---|
| 510 | 510 | | that is owned, rented, or leased to a school or school board, the |
|---|
| 511 | 511 | | premises of a public or private youth center, or a playground; |
|---|
| 512 | 512 | | (2) on a school bus; or |
|---|
| 513 | 513 | | (3) by any unauthorized person 18 years of age or |
|---|
| 514 | 514 | | older, in, on, or within 1,000 feet of premises owned, rented, or |
|---|
| 515 | 515 | | leased by a general residential operation operating as a |
|---|
| 516 | 516 | | residential treatment center. |
|---|
| 517 | 517 | | SECTION 19. Section 483.041(f), Health and Safety Code, is |
|---|
| 518 | 518 | | amended to read as follows: |
|---|
| 519 | 519 | | (f) The defense to prosecution provided by Subsection (e) is |
|---|
| 520 | 520 | | not available if: |
|---|
| 521 | 521 | | (1) at the time the request for emergency medical |
|---|
| 522 | 522 | | assistance was made: |
|---|
| 523 | 523 | | (A) a peace officer was in the process of |
|---|
| 524 | 524 | | arresting the actor or executing a search warrant describing the |
|---|
| 525 | 525 | | actor or the place from which the request for medical assistance was |
|---|
| 526 | 526 | | made; or |
|---|
| 527 | 527 | | (B) the actor is committing another offense, |
|---|
| 528 | 528 | | other than an offense punishable under Section 481.115(b), |
|---|
| 529 | 529 | | 481.1151(b)(1), 481.116(b), 481.1161(b)(1) or (2), 481.117(b), |
|---|
| 530 | 530 | | 481.118(b), or 481.121(b)(1), (b)(2), (b)(3), or (b-1) [(2)], or an |
|---|
| 531 | 531 | | offense under Section 481.119(b), 481.125(a), or 485.031(a); |
|---|
| 532 | 532 | | (2) the actor has been previously convicted of or |
|---|
| 533 | 533 | | placed on deferred adjudication community supervision for an |
|---|
| 534 | 534 | | offense under this chapter or Chapter 481 or 485; |
|---|
| 535 | 535 | | (3) the actor was acquitted in a previous proceeding |
|---|
| 536 | 536 | | in which the actor successfully established the defense under that |
|---|
| 537 | 537 | | subsection or Section 481.115(g), 481.1151(c), 481.116(f), |
|---|
| 538 | 538 | | 481.1161(c), 481.117(f), 481.118(f), 481.119(c), 481.121(c), |
|---|
| 539 | 539 | | 481.125(g), or 485.031(c); or |
|---|
| 540 | 540 | | (4) at any time during the 18-month period preceding |
|---|
| 541 | 541 | | the date of the commission of the instant offense, the actor |
|---|
| 542 | 542 | | requested emergency medical assistance in response to the possible |
|---|
| 543 | 543 | | overdose of the actor or another person. |
|---|
| 544 | 544 | | SECTION 20. Section 485.031(d), Health and Safety Code, is |
|---|
| 545 | 545 | | amended to read as follows: |
|---|
| 546 | 546 | | (d) The defense to prosecution provided by Subsection (c) is |
|---|
| 547 | 547 | | not available if: |
|---|
| 548 | 548 | | (1) at the time the request for emergency medical |
|---|
| 549 | 549 | | assistance was made: |
|---|
| 550 | 550 | | (A) a peace officer was in the process of |
|---|
| 551 | 551 | | arresting the actor or executing a search warrant describing the |
|---|
| 552 | 552 | | actor or the place from which the request for medical assistance was |
|---|
| 553 | 553 | | made; or |
|---|
| 554 | 554 | | (B) the actor is committing another offense, |
|---|
| 555 | 555 | | other than an offense punishable under Section 481.115(b), |
|---|
| 556 | 556 | | 481.1151(b)(1), 481.116(b), 481.1161(b)(1) or (2), 481.117(b), |
|---|
| 557 | 557 | | 481.118(b), or 481.121(b)(1), (b)(2), (b)(3), or (b-1) [(2)], or an |
|---|
| 558 | 558 | | offense under Section 481.119(b), 481.125(a), or 483.041(a); |
|---|
| 559 | 559 | | (2) the actor has been previously convicted of or |
|---|
| 560 | 560 | | placed on deferred adjudication community supervision for an |
|---|
| 561 | 561 | | offense under this chapter or Chapter 481 or 483; |
|---|
| 562 | 562 | | (3) the actor was acquitted in a previous proceeding |
|---|
| 563 | 563 | | in which the actor successfully established the defense under that |
|---|
| 564 | 564 | | subsection or Section 481.115(g), 481.1151(c), 481.116(f), |
|---|
| 565 | 565 | | 481.1161(c), 481.117(f), 481.118(f), 481.119(c), 481.121(c), |
|---|
| 566 | 566 | | 481.125(g), or 483.041(e); or |
|---|
| 567 | 567 | | (4) at any time during the 18-month period preceding |
|---|
| 568 | 568 | | the date of the commission of the instant offense, the actor |
|---|
| 569 | 569 | | requested emergency medical assistance in response to the possible |
|---|
| 570 | 570 | | overdose of the actor or another person. |
|---|
| 571 | 571 | | SECTION 21. The changes in law made by this Act apply only |
|---|
| 572 | 572 | | to an offense committed on or after the effective date of this Act. |
|---|
| 573 | 573 | | An offense committed before the effective date of this Act is |
|---|
| 574 | 574 | | governed by the law in effect on the date the offense was committed, |
|---|
| 575 | 575 | | and the former law is continued in effect for that purpose. For |
|---|
| 576 | 576 | | purposes of this section, an offense was committed before the |
|---|
| 577 | 577 | | effective date of this Act if any element of the offense was |
|---|
| 578 | 578 | | committed before that date. |
|---|
| 579 | 579 | | SECTION 22. To the extent of any conflict, this Act prevails |
|---|
| 580 | 580 | | over another Act of the 88th Legislature, Regular Session, 2023, |
|---|
| 581 | 581 | | relating to nonsubstantive additions to and corrections in enacted |
|---|
| 582 | 582 | | codes. |
|---|
| 583 | 583 | | SECTION 23. This Act takes effect September 1, 2023. |
|---|