| 1 | 1 | | 88R11794 JSC-D |
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| 2 | 2 | | By: Garcia H.B. No. 2601 |
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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. Sections 481.121(b) and (c), Health and Safety |
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| 10 | 10 | | Code, are amended to read as follows: |
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| 11 | 11 | | (b) An offense under Subsection (a) is: |
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| 12 | 12 | | (1) a Class C [B misdemeanor if the amount of marihuana |
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| 13 | 13 | | possessed is two ounces or less; |
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| 14 | 14 | | [(2) a Class A] misdemeanor if the amount of marihuana |
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| 15 | 15 | | possessed is four ounces or less [but more than two ounces]; |
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| 16 | 16 | | (2) [(3)] a state jail felony if the amount of |
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| 17 | 17 | | marihuana possessed is five pounds or less but more than four |
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| 18 | 18 | | ounces; |
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| 19 | 19 | | (3) [(4)] a felony of the third degree if the amount of |
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| 20 | 20 | | marihuana possessed is 50 pounds or less but more than 5 pounds; |
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| 21 | 21 | | (4) [(5)] a felony of the second degree if the amount |
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| 22 | 22 | | of marihuana possessed is 2,000 pounds or less but more than 50 |
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| 23 | 23 | | pounds; and |
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| 24 | 24 | | (5) [(6)] punishable by imprisonment in the Texas |
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| 25 | 25 | | Department of Criminal Justice for life or for a term of not more |
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| 26 | 26 | | than 99 years or less than 5 years, and a fine not to exceed $50,000, |
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| 27 | 27 | | if the amount of marihuana possessed is more than 2,000 pounds. |
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| 28 | 28 | | (c) It is a defense to prosecution for an offense punishable |
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| 29 | 29 | | under Subsection (b)(1) [or (2)] that the actor: |
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| 30 | 30 | | (1) was the first person to request emergency medical |
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| 31 | 31 | | assistance in response to the possible overdose of another person |
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| 32 | 32 | | and: |
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| 33 | 33 | | (A) made the request for medical assistance |
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| 34 | 34 | | during an ongoing medical emergency; |
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| 35 | 35 | | (B) remained on the scene until the medical |
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| 36 | 36 | | assistance arrived; and |
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| 37 | 37 | | (C) cooperated with medical assistance and law |
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| 38 | 38 | | enforcement personnel; or |
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| 39 | 39 | | (2) was the victim of a possible overdose for which |
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| 40 | 40 | | emergency medical assistance was requested, by the actor or by |
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| 41 | 41 | | another person, during an ongoing medical emergency. |
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| 42 | 42 | | SECTION 2. Article 14.06(d), Code of Criminal Procedure, is |
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| 43 | 43 | | amended to read as follows: |
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| 44 | 44 | | (d) Subsection (c) applies only to a person charged with |
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| 45 | 45 | | committing an offense under: |
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| 46 | 46 | | (1) [Section 481.121, Health and Safety Code, if the |
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| 47 | 47 | | offense is punishable under Subsection (b)(1) or (2) of that |
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| 48 | 48 | | section; |
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| 49 | 49 | | [(1-a)] Section 481.1161, Health and Safety Code, if |
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| 50 | 50 | | the offense is punishable under Subsection (b)(1) or (2) of that |
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| 51 | 51 | | section; |
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| 52 | 52 | | (2) Section 28.03, Penal Code, if the offense is |
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| 53 | 53 | | punishable under Subsection (b)(2) of that section; |
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| 54 | 54 | | (3) Section 28.08, Penal Code, if the offense is |
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| 55 | 55 | | punishable under Subsection (b)(2) or (3) of that section; |
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| 56 | 56 | | (4) Section 31.03, Penal Code, if the offense is |
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| 57 | 57 | | punishable under Subsection (e)(2)(A) of that section; |
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| 58 | 58 | | (5) Section 31.04, Penal Code, if the offense is |
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| 59 | 59 | | punishable under Subsection (e)(2) of that section; |
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| 60 | 60 | | (6) Section 38.114, Penal Code, if the offense is |
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| 61 | 61 | | punishable as a Class B misdemeanor; or |
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| 62 | 62 | | (7) Section 521.457, Transportation Code. |
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| 63 | 63 | | SECTION 3. Articles 42A.551(a) and (c), Code of Criminal |
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| 64 | 64 | | Procedure, are amended to read as follows: |
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| 65 | 65 | | (a) Except as otherwise provided by Subsection (b) or (c), |
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| 66 | 66 | | on conviction of a state jail felony under Section 481.115(b), |
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| 67 | 67 | | 481.1151(b)(1), 481.116(b), 481.1161(b)(3), 481.121(b)(2) |
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| 68 | 68 | | [481.121(b)(3)], or 481.129(g)(1), Health and Safety Code, that is |
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| 69 | 69 | | punished under Section 12.35(a), Penal Code, the judge shall |
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| 70 | 70 | | suspend the imposition of the sentence and place the defendant on |
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| 71 | 71 | | community supervision. |
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| 72 | 72 | | (c) Subsection (a) does not apply to a defendant who: |
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| 73 | 73 | | (1) under Section 481.1151(b)(1), Health and Safety |
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| 74 | 74 | | Code, possessed more than five abuse units of the controlled |
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| 75 | 75 | | substance; |
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| 76 | 76 | | (2) under Section 481.1161(b)(3), Health and Safety |
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| 77 | 77 | | Code, possessed more than one pound, by aggregate weight, including |
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| 78 | 78 | | adulterants or dilutants, of the controlled substance; or |
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| 79 | 79 | | (3) under Section 481.121(b)(2) [481.121(b)(3)], |
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| 80 | 80 | | Health and Safety Code, possessed more than one pound of marihuana. |
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| 81 | 81 | | SECTION 4. Section 411.0728(a), Government Code, is amended |
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| 82 | 82 | | to read as follows: |
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| 83 | 83 | | (a) This section applies only to a person: |
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| 84 | 84 | | (1) who is convicted of or placed on deferred |
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| 85 | 85 | | adjudication community supervision for an offense under: |
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| 86 | 86 | | (A) Section 481.120, Health and Safety Code, if |
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| 87 | 87 | | the offense is punishable under Subsection (b)(1); |
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| 88 | 88 | | (B) [Section 481.121, Health and Safety Code, if |
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| 89 | 89 | | the offense is punishable under Subsection (b)(1); |
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| 90 | 90 | | [(C)] Section 31.03, Penal Code, if the offense is |
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| 91 | 91 | | punishable under Subsection (e)(1) or (2); or |
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| 92 | 92 | | (C) [(D)] Section 43.02, Penal Code; and |
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| 93 | 93 | | (2) who, if requested by the applicable law |
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| 94 | 94 | | enforcement agency or prosecuting attorney to provide assistance in |
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| 95 | 95 | | the investigation or prosecution of an offense under Section |
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| 96 | 96 | | 20A.02, 20A.03, or 43.05, Penal Code, or a federal offense |
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| 97 | 97 | | containing elements that are substantially similar to the elements |
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| 98 | 98 | | of an offense under any of those sections: |
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| 99 | 99 | | (A) provided assistance in the investigation or |
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| 100 | 100 | | prosecution of the offense; or |
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| 101 | 101 | | (B) did not provide assistance in the |
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| 102 | 102 | | investigation or prosecution of the offense due to the person's age |
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| 103 | 103 | | or a physical or mental disability resulting from being a victim of |
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| 104 | 104 | | an offense described by this subdivision. |
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| 105 | 105 | | SECTION 5. Section 481.115(h), Health and Safety Code, is |
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| 106 | 106 | | amended to read as follows: |
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| 107 | 107 | | (h) The defense to prosecution provided by Subsection (g) is |
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| 108 | 108 | | not available if: |
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| 109 | 109 | | (1) at the time the request for emergency medical |
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| 110 | 110 | | assistance was made: |
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| 111 | 111 | | (A) a peace officer was in the process of |
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| 112 | 112 | | arresting the actor or executing a search warrant describing the |
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| 113 | 113 | | actor or the place from which the request for medical assistance was |
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| 114 | 114 | | made; or |
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| 115 | 115 | | (B) the actor is committing another offense, |
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| 116 | 116 | | other than an offense punishable under Section 481.1151(b)(1), |
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| 117 | 117 | | 481.116(b), 481.1161(b)(1) or (2), 481.117(b), 481.118(b), or |
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| 118 | 118 | | 481.121(b)(1) [or (2)], or an offense under Section 481.119(b), |
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| 119 | 119 | | 481.125(a), 483.041(a), or 485.031(a); |
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| 120 | 120 | | (2) the actor has been previously convicted of or |
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| 121 | 121 | | placed on deferred adjudication community supervision for an |
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| 122 | 122 | | offense under this chapter or Chapter 483 or 485; |
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| 123 | 123 | | (3) the actor was acquitted in a previous proceeding |
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| 124 | 124 | | in which the actor successfully established the defense under that |
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| 125 | 125 | | subsection or Section 481.1151(c), 481.116(f), 481.1161(c), |
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| 126 | 126 | | 481.117(f), 481.118(f), 481.119(c), 481.121(c), 481.125(g), |
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| 127 | 127 | | 483.041(e), or 485.031(c); or |
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| 128 | 128 | | (4) at any time during the 18-month period preceding |
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| 129 | 129 | | the date of the commission of the instant offense, the actor |
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| 130 | 130 | | requested emergency medical assistance in response to the possible |
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| 131 | 131 | | overdose of the actor or another person. |
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| 132 | 132 | | SECTION 6. Section 481.1151(d), Health and Safety Code, is |
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| 133 | 133 | | amended to read as follows: |
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| 134 | 134 | | (d) The defense to prosecution provided by Subsection (c) is |
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| 135 | 135 | | not available if: |
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| 136 | 136 | | (1) at the time the request for emergency medical |
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| 137 | 137 | | assistance was made: |
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| 138 | 138 | | (A) a peace officer was in the process of |
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| 139 | 139 | | arresting the actor or executing a search warrant describing the |
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| 140 | 140 | | actor or the place from which the request for medical assistance was |
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| 141 | 141 | | made; or |
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| 142 | 142 | | (B) the actor is committing another offense, |
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| 143 | 143 | | other than an offense punishable under Section 481.115(b), |
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| 144 | 144 | | 481.116(b), 481.1161(b)(1) or (2), 481.117(b), 481.118(b), or |
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| 145 | 145 | | 481.121(b)(1) [or (2)], or an offense under Section 481.119(b), |
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| 146 | 146 | | 481.125(a), 483.041(a), or 485.031(a); |
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| 147 | 147 | | (2) the actor has been previously convicted of or |
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| 148 | 148 | | placed on deferred adjudication community supervision for an |
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| 149 | 149 | | offense under this chapter or Chapter 483 or 485; |
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| 150 | 150 | | (3) the actor was acquitted in a previous proceeding |
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| 151 | 151 | | in which the actor successfully established the defense under that |
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| 152 | 152 | | subsection or Section 481.115(g), 481.116(f), 481.1161(c), |
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| 153 | 153 | | 481.117(f), 481.118(f), 481.119(c), 481.121(c), 481.125(g), |
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| 154 | 154 | | 483.041(e), or 485.031(c); or |
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| 155 | 155 | | (4) at any time during the 18-month period preceding |
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| 156 | 156 | | the date of the commission of the instant offense, the actor |
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| 157 | 157 | | requested emergency medical assistance in response to |
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| 158 | 158 | | the possible overdose of the actor or another person. |
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| 159 | 159 | | SECTION 7. Section 481.116(g), Health and Safety Code, is |
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| 160 | 160 | | amended to read as follows: |
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| 161 | 161 | | (g) The defense to prosecution provided by Subsection (f) is |
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| 162 | 162 | | not available if: |
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| 163 | 163 | | (1) at the time the request for emergency medical |
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| 164 | 164 | | assistance was made: |
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| 165 | 165 | | (A) a peace officer was in the process of |
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| 166 | 166 | | arresting the actor or executing a search warrant describing the |
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| 167 | 167 | | actor or the place from which the request for medical assistance was |
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| 168 | 168 | | made; or |
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| 169 | 169 | | (B) the actor is committing another offense, |
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| 170 | 170 | | other than an offense punishable under Section 481.115(b), |
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| 171 | 171 | | 481.1151(b)(1), 481.1161(b)(1) or (2), 481.117(b), 481.118(b), or |
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| 172 | 172 | | 481.121(b)(1) [or (2)], or an offense under Section 481.119(b), |
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| 173 | 173 | | 481.125(a), 483.041(a), or 485.031(a); |
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| 174 | 174 | | (2) the actor has been previously convicted of or |
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| 175 | 175 | | placed on deferred adjudication community supervision for an |
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| 176 | 176 | | offense under this chapter or Chapter 483 or 485; |
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| 177 | 177 | | (3) the actor was acquitted in a previous proceeding |
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| 178 | 178 | | in which the actor successfully established the defense under that |
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| 179 | 179 | | subsection or Section 481.115(g), 481.1151(c), 481.1161(c), |
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| 180 | 180 | | 481.117(f), 481.118(f), 481.119(c), 481.121(c), 481.125(g), |
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| 181 | 181 | | 483.041(e), or 485.031(c); or |
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| 182 | 182 | | (4) at any time during the 18-month period preceding |
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| 183 | 183 | | the date of the commission of the instant offense, the actor |
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| 184 | 184 | | requested emergency medical assistance in response to |
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| 185 | 185 | | the possible overdose of the actor or another person. |
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| 186 | 186 | | SECTION 8. Section 481.1161(d), Health and Safety Code, is |
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| 187 | 187 | | amended to read as follows: |
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| 188 | 188 | | (d) The defense to prosecution provided by Subsection (c) is |
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| 189 | 189 | | not available if: |
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| 190 | 190 | | (1) at the time the request for emergency medical |
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| 191 | 191 | | assistance was made: |
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| 192 | 192 | | (A) a peace officer was in the process of |
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| 193 | 193 | | arresting the actor or executing a search warrant describing the |
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| 194 | 194 | | actor or the place from which the request for medical assistance was |
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| 195 | 195 | | made; or |
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| 196 | 196 | | (B) the actor is committing another offense, |
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| 197 | 197 | | other than an offense punishable under Section 481.115(b), |
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| 198 | 198 | | 481.1151(b)(1), 481.116(b), 481.117(b), 481.118(b), or |
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| 199 | 199 | | 481.121(b)(1) [or (2)], or an offense under Section 481.119(b), |
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| 200 | 200 | | 481.125(a), 483.041(a), or 485.031(a); |
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| 201 | 201 | | (2) the actor has been previously convicted of or |
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| 202 | 202 | | placed on deferred adjudication community supervision for an |
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| 203 | 203 | | offense under this chapter or Chapter 483 or 485; |
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| 204 | 204 | | (3) the actor was acquitted in a previous proceeding |
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| 205 | 205 | | in which the actor successfully established the defense under that |
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| 206 | 206 | | subsection or Section 481.115(g), 481.1151(c), 481.116(f), |
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| 207 | 207 | | 481.117(f), 481.118(f), 481.119(c), 481.121(c), 481.125(g), |
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| 208 | 208 | | 483.041(e), or 485.031(c); or |
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| 209 | 209 | | (4) at any time during the 18-month period preceding |
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| 210 | 210 | | the date of the commission of the instant offense, the actor |
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| 211 | 211 | | requested emergency medical assistance in response to |
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| 212 | 212 | | the possible overdose of the actor or another person. |
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| 213 | 213 | | SECTION 9. Section 481.117(g), Health and Safety Code, is |
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| 214 | 214 | | amended to read as follows: |
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| 215 | 215 | | (g) The defense to prosecution provided by Subsection (f) is |
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| 216 | 216 | | not available if: |
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| 217 | 217 | | (1) at the time the request for emergency medical |
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| 218 | 218 | | assistance was made: |
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| 219 | 219 | | (A) a peace officer was in the process of |
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| 220 | 220 | | arresting the actor or executing a search warrant describing the |
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| 221 | 221 | | actor or the place from which the request for medical assistance was |
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| 222 | 222 | | made; or |
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| 223 | 223 | | (B) the actor is committing another offense, |
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| 224 | 224 | | other than an offense punishable under Section 481.115(b), |
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| 225 | 225 | | 481.1151(b)(1), 481.116(b), 481.1161(b)(1) or (2), 481.118(b), or |
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| 226 | 226 | | 481.121(b)(1) [or (2)], or an offense under Section 481.119(b), |
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| 227 | 227 | | 481.125(a), 483.041(a), or 485.031(a); |
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| 228 | 228 | | (2) the actor has been previously convicted of or |
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| 229 | 229 | | placed on deferred adjudication community supervision for an |
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| 230 | 230 | | offense under this chapter or Chapter 483 or 485; |
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| 231 | 231 | | (3) the actor was acquitted in a previous proceeding |
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| 232 | 232 | | in which the actor successfully established the defense under that |
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| 233 | 233 | | subsection or Section 481.115(g), 481.1151(c), 481.116(f), |
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| 234 | 234 | | 481.1161(c), 481.118(f), 481.119(c), 481.121(c), 481.125(g), |
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| 235 | 235 | | 483.041(e), or 485.031(c); or |
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| 236 | 236 | | (4) at any time during the 18-month period preceding |
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| 237 | 237 | | the date of the commission of the instant offense, the actor |
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| 238 | 238 | | requested emergency medical assistance in response to |
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| 239 | 239 | | the possible overdose of the actor or another person. |
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| 240 | 240 | | SECTION 10. Section 481.118(g), Health and Safety Code, is |
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| 241 | 241 | | amended to read as follows: |
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| 242 | 242 | | (g) The defense to prosecution provided by Subsection (f) is |
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| 243 | 243 | | not available if: |
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| 244 | 244 | | (1) at the time the request for emergency medical |
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| 245 | 245 | | assistance was made: |
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| 246 | 246 | | (A) a peace officer was in the process of |
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| 247 | 247 | | arresting the actor or executing a search warrant describing the |
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| 248 | 248 | | actor or the place from which the request for medical assistance was |
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| 249 | 249 | | made; or |
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| 250 | 250 | | (B) the actor is committing another offense, |
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| 251 | 251 | | other than an offense punishable under Section 481.115(b), |
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| 252 | 252 | | 481.1151(b)(1), 481.116(b), 481.1161(b)(1) or (2), 481.117(b), or |
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| 253 | 253 | | 481.121(b)(1) [or (2)], or an offense under Section 481.119(b), |
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| 254 | 254 | | 481.125(a), 483.041(a), or 485.031(a); |
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| 255 | 255 | | (2) the actor has been previously convicted of or |
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| 256 | 256 | | placed on deferred adjudication community supervision for an |
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| 257 | 257 | | offense under this chapter or Chapter 483 or 485; |
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| 258 | 258 | | (3) the actor was acquitted in a previous proceeding |
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| 259 | 259 | | in which the actor successfully established the defense under that |
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| 260 | 260 | | subsection or Section 481.115(g), 481.1151(c), 481.116(f), |
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| 261 | 261 | | 481.1161(c), 481.117(f), 481.119(c), 481.121(c), 481.125(g), |
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| 262 | 262 | | 483.041(e), or 485.031(c); or |
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| 263 | 263 | | (4) at any time during the 18-month period preceding |
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| 264 | 264 | | the date of the commission of the instant offense, the actor |
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| 265 | 265 | | requested emergency medical assistance in response to |
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| 266 | 266 | | the possible overdose of the actor or another person. |
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| 267 | 267 | | SECTION 11. Section 481.119(d), Health and Safety Code, is |
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| 268 | 268 | | amended to read as follows: |
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| 269 | 269 | | (d) The defense to prosecution provided by Subsection (c) is |
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| 270 | 270 | | not available if: |
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| 271 | 271 | | (1) at the time the request for emergency medical |
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| 272 | 272 | | assistance was made: |
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| 273 | 273 | | (A) a peace officer was in the process of |
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| 274 | 274 | | arresting the actor or executing a search warrant describing the |
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| 275 | 275 | | actor or the place from which the request for medical assistance was |
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| 276 | 276 | | made; or |
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| 277 | 277 | | (B) the actor is committing another offense, |
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| 278 | 278 | | other than an offense punishable under Section 481.115(b), |
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| 279 | 279 | | 481.1151(b)(1), 481.116(b), 481.1161(b)(1) or (2), 481.117(b), |
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| 280 | 280 | | 481.118(b), or 481.121(b)(1) [or (2)], or an offense under Section |
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| 281 | 281 | | 481.125(a), 483.041(a), or 485.031(a); |
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| 282 | 282 | | (2) the actor has been previously convicted of or |
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| 283 | 283 | | placed on deferred adjudication community supervision for an |
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| 284 | 284 | | offense under this chapter or Chapter 483 or 485; |
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| 285 | 285 | | (3) the actor was acquitted in a previous proceeding |
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| 286 | 286 | | in which the actor successfully established the defense under that |
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| 287 | 287 | | subsection or Section 481.115(g), 481.1151(c), 481.116(f), |
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| 288 | 288 | | 481.1161(c), 481.117(f), 481.118(f), 481.121(c), 481.125(g), |
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| 289 | 289 | | 483.041(e), or 485.031(c); or |
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| 290 | 290 | | (4) at any time during the 18-month period preceding |
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| 291 | 291 | | the date of the commission of the instant offense, the actor |
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| 292 | 292 | | requested emergency medical assistance in response to |
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| 293 | 293 | | the possible overdose of the actor or another person. |
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| 294 | 294 | | SECTION 12. Section 481.125(h), Health and Safety Code, is |
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| 295 | 295 | | amended to read as follows: |
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| 296 | 296 | | (h) The defense to prosecution provided by Subsection (g) is |
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| 297 | 297 | | not available if: |
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| 298 | 298 | | (1) at the time the request for emergency medical |
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| 299 | 299 | | assistance was made: |
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| 300 | 300 | | (A) a peace officer was in the process of |
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| 301 | 301 | | arresting the actor or executing a search warrant describing the |
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| 302 | 302 | | actor or the place from which the request for medical assistance was |
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| 303 | 303 | | made; or |
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| 304 | 304 | | (B) the actor is committing another offense, |
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| 305 | 305 | | other than an offense punishable under Section 481.115(b), |
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| 306 | 306 | | 481.1151(b)(1), 481.116(b), 481.1161(b)(1) or (2), 481.117(b), |
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| 307 | 307 | | 481.118(b), or 481.121(b)(1) [or (2)], or an offense under Section |
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| 308 | 308 | | 481.119(b), 483.041(a), or 485.031(a); |
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| 309 | 309 | | (2) the actor has been previously convicted of or |
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| 310 | 310 | | placed on deferred adjudication community supervision for an |
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| 311 | 311 | | offense under this chapter or Chapter 483 or 485; |
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| 312 | 312 | | (3) the actor was acquitted in a previous proceeding |
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| 313 | 313 | | in which the actor successfully established the defense under that |
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| 314 | 314 | | subsection or Section 481.115(g), 481.1151(c), 481.116(f), |
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| 315 | 315 | | 481.1161(c), 481.117(f), 481.118(f), 481.119(c), 481.121(c), |
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| 316 | 316 | | 483.041(e), or 485.031(c); or |
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| 317 | 317 | | (4) at any time during the 18-month period preceding |
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| 318 | 318 | | the date of the commission of the instant offense, the actor |
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| 319 | 319 | | requested emergency medical assistance in response to the possible |
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| 320 | 320 | | overdose of the actor or another person. |
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| 321 | 321 | | SECTION 13. Section 481.126(a), Health and Safety Code, is |
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| 322 | 322 | | amended to read as follows: |
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| 323 | 323 | | (a) A person commits an offense if the person: |
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| 324 | 324 | | (1) barters property or expends funds the person knows |
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| 325 | 325 | | are derived from the commission of an offense under this chapter |
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| 326 | 326 | | punishable by imprisonment in the Texas Department of Criminal |
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| 327 | 327 | | Justice for life; |
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| 328 | 328 | | (2) barters property or expends funds the person knows |
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| 329 | 329 | | are derived from the commission of an offense under Section |
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| 330 | 330 | | 481.121(a) that is punishable under Subsection (b)(4) of that |
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| 331 | 331 | | section [Section 481.121(b)(5)]; |
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| 332 | 332 | | (3) barters property or finances or invests funds the |
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| 333 | 333 | | person knows or believes are intended to further the commission of |
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| 334 | 334 | | an offense for which the punishment is described by Subdivision |
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| 335 | 335 | | (1); or |
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| 336 | 336 | | (4) barters property or finances or invests funds the |
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| 337 | 337 | | person knows or believes are intended to further the commission of |
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| 338 | 338 | | an offense under Section 481.121(a) that is punishable under |
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| 339 | 339 | | Subsection (b)(4) of that section [Section 481.121(b)(5)]. |
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| 340 | 340 | | SECTION 14. Section 481.134(c), Health and Safety Code, as |
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| 341 | 341 | | amended by Chapters 584 (S.B. 768) and 807 (H.B. 1540), Acts of the |
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| 342 | 342 | | 87th Legislature, Regular Session, 2021, is reenacted and amended |
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| 343 | 343 | | to read as follows: |
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| 344 | 344 | | (c) The minimum term of confinement or imprisonment for an |
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| 345 | 345 | | offense otherwise punishable under Section 481.112(c), (d), (e), or |
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| 346 | 346 | | (f), 481.1121(b)(2), (3), or (4), 481.1123(c), (d), (e), or (f), |
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| 347 | 347 | | 481.113(c), (d), or (e), 481.114(c), (d), or (e), 481.115(c)-(f), |
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| 348 | 348 | | 481.1151(b)(2), (3), (4), or (5), 481.116(c), (d), or (e), |
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| 349 | 349 | | 481.1161(b)(4), (5), or (6), 481.117(c), (d), or (e), 481.118(c), |
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| 350 | 350 | | (d), or (e), 481.120(b)(4), (5), or (6), or 481.121(b)(3), (4), or |
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| 351 | 351 | | (5) [481.121(b)(4), (5), or (6)] is increased by five years and the |
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| 352 | 352 | | maximum fine for the offense is doubled if it is shown on the trial |
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| 353 | 353 | | of the offense that the offense was committed: |
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| 354 | 354 | | (1) in, on, or within 1,000 feet of the premises of a |
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| 355 | 355 | | school, the premises of a public or private youth center, or a |
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| 356 | 356 | | playground; |
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| 357 | 357 | | (2) on a school bus; or |
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| 358 | 358 | | (3) by any unauthorized person 18 years of age or |
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| 359 | 359 | | older, in, on, or within 1,000 feet of premises owned, rented, or |
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| 360 | 360 | | leased by a general residential operation operating as a |
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| 361 | 361 | | residential treatment center. |
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| 362 | 362 | | SECTION 15. Sections 481.134(d), (e), and (f), Health and |
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| 363 | 363 | | Safety Code, are amended to read as follows: |
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| 364 | 364 | | (d) An offense otherwise punishable under Section |
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| 365 | 365 | | 481.112(b), 481.1121(b)(1), 481.113(b), 481.114(b), 481.115(b), |
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| 366 | 366 | | 481.1151(b)(1), 481.116(b), 481.1161(b)(3), 481.120(b)(3), or |
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| 367 | 367 | | 481.121(b)(2) [481.121(b)(3)] is a felony of the third degree if it |
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| 368 | 368 | | is shown on the trial of the offense that the offense was committed: |
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| 369 | 369 | | (1) in, on, or within 1,000 feet of any real property |
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| 370 | 370 | | that is owned, rented, or leased to a school or school board, the |
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| 371 | 371 | | premises of a public or private youth center, or a playground; |
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| 372 | 372 | | (2) on a school bus; or |
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| 373 | 373 | | (3) by any unauthorized person 18 years of age or |
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| 374 | 374 | | older, in, on, or within 1,000 feet of premises owned, rented, or |
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| 375 | 375 | | leased by a general residential operation operating as a |
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| 376 | 376 | | residential treatment center. |
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| 377 | 377 | | (e) An offense otherwise punishable under Section |
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| 378 | 378 | | 481.117(b), 481.119(a), or 481.120(b)(2)[, or 481.121(b)(2)] is a |
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| 379 | 379 | | state jail felony if it is shown on the trial of the offense that the |
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| 380 | 380 | | offense was committed: |
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| 381 | 381 | | (1) in, on, or within 1,000 feet of any real property |
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| 382 | 382 | | that is owned, rented, or leased to a school or school board, the |
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| 383 | 383 | | premises of a public or private youth center, or a playground; |
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| 384 | 384 | | (2) on a school bus; or |
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| 385 | 385 | | (3) by any unauthorized person 18 years of age or |
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| 386 | 386 | | older, in, on, or within 1,000 feet of premises owned, rented, or |
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| 387 | 387 | | leased by a general residential operation operating as a |
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| 388 | 388 | | residential treatment center. |
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| 389 | 389 | | (f) An offense otherwise punishable under Section |
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| 390 | 390 | | 481.118(b), 481.119(b), or 481.120(b)(1)[, or 481.121(b)(1)] is a |
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| 391 | 391 | | Class A misdemeanor if it is shown on the trial of the offense that |
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| 392 | 392 | | the offense was committed: |
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| 393 | 393 | | (1) in, on, or within 1,000 feet of any real property |
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| 394 | 394 | | that is owned, rented, or leased to a school or school board, the |
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| 395 | 395 | | premises of a public or private youth center, or a playground; |
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| 396 | 396 | | (2) on a school bus; or |
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| 397 | 397 | | (3) by any unauthorized person 18 years of age or |
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| 398 | 398 | | older, in, on, or within 1,000 feet of premises owned, rented, or |
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| 399 | 399 | | leased by a general residential operation operating as a |
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| 400 | 400 | | residential treatment center. |
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| 401 | 401 | | SECTION 16. Section 483.041(f), Health and Safety Code, is |
|---|
| 402 | 402 | | amended to read as follows: |
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| 403 | 403 | | (f) The defense to prosecution provided by Subsection (e) is |
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| 404 | 404 | | not available if: |
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| 405 | 405 | | (1) at the time the request for emergency medical |
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| 406 | 406 | | assistance was made: |
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| 407 | 407 | | (A) a peace officer was in the process of |
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| 408 | 408 | | arresting the actor or executing a search warrant describing the |
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| 409 | 409 | | actor or the place from which the request for medical assistance was |
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| 410 | 410 | | made; or |
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| 411 | 411 | | (B) the actor is committing another offense, |
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| 412 | 412 | | other than an offense punishable under Section 481.115(b), |
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| 413 | 413 | | 481.1151(b)(1), 481.116(b), 481.1161(b)(1) or (2), 481.117(b), |
|---|
| 414 | 414 | | 481.118(b), or 481.121(b)(1) [or (2)], or an offense under Section |
|---|
| 415 | 415 | | 481.119(b), 481.125(a), or 485.031(a); |
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| 416 | 416 | | (2) the actor has been previously convicted of or |
|---|
| 417 | 417 | | placed on deferred adjudication community supervision for an |
|---|
| 418 | 418 | | offense under this chapter or Chapter 481 or 485; |
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| 419 | 419 | | (3) the actor was acquitted in a previous proceeding |
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| 420 | 420 | | in which the actor successfully established the defense under that |
|---|
| 421 | 421 | | subsection or Section 481.115(g), 481.1151(c), 481.116(f), |
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| 422 | 422 | | 481.1161(c), 481.117(f), 481.118(f), 481.119(c), 481.121(c), |
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| 423 | 423 | | 481.125(g), or 485.031(c); or |
|---|
| 424 | 424 | | (4) at any time during the 18-month period preceding |
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| 425 | 425 | | the date of the commission of the instant offense, the actor |
|---|
| 426 | 426 | | requested emergency medical assistance in response to the possible |
|---|
| 427 | 427 | | overdose of the actor or another person. |
|---|
| 428 | 428 | | SECTION 17. Section 485.031(d), Health and Safety Code, is |
|---|
| 429 | 429 | | amended to read as follows: |
|---|
| 430 | 430 | | (d) The defense to prosecution provided by Subsection (c) is |
|---|
| 431 | 431 | | not available if: |
|---|
| 432 | 432 | | (1) at the time the request for emergency medical |
|---|
| 433 | 433 | | assistance was made: |
|---|
| 434 | 434 | | (A) a peace officer was in the process of |
|---|
| 435 | 435 | | arresting the actor or executing a search warrant describing the |
|---|
| 436 | 436 | | actor or the place from which the request for medical assistance was |
|---|
| 437 | 437 | | made; or |
|---|
| 438 | 438 | | (B) the actor is committing another offense, |
|---|
| 439 | 439 | | other than an offense punishable under Section 481.115(b), |
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| 440 | 440 | | 481.1151(b)(1), 481.116(b), 481.1161(b)(1) or (2), 481.117(b), |
|---|
| 441 | 441 | | 481.118(b), or 481.121(b)(1) [or (2)], or an offense under Section |
|---|
| 442 | 442 | | 481.119(b), 481.125(a), or 483.041(a); |
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| 443 | 443 | | (2) the actor has been previously convicted of or |
|---|
| 444 | 444 | | placed on deferred adjudication community supervision for an |
|---|
| 445 | 445 | | offense under this chapter or Chapter 481 or 483; |
|---|
| 446 | 446 | | (3) the actor was acquitted in a previous proceeding |
|---|
| 447 | 447 | | in which the actor successfully established the defense under that |
|---|
| 448 | 448 | | subsection or Section 481.115(g), 481.1151(c), 481.116(f), |
|---|
| 449 | 449 | | 481.1161(c), 481.117(f), 481.118(f), 481.119(c), 481.121(c), |
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| 450 | 450 | | 481.125(g), or 483.041(e); or |
|---|
| 451 | 451 | | (4) at any time during the 18-month period preceding |
|---|
| 452 | 452 | | the date of the commission of the instant offense, the actor |
|---|
| 453 | 453 | | requested emergency medical assistance in response to the possible |
|---|
| 454 | 454 | | overdose of the actor or another person. |
|---|
| 455 | 455 | | SECTION 18. (a) Except as otherwise provided by Subsection |
|---|
| 456 | 456 | | (b) of this section, the changes in law made by this Act apply only |
|---|
| 457 | 457 | | to an offense committed on or after the effective date of this Act. |
|---|
| 458 | 458 | | An offense committed before the effective date of this Act is |
|---|
| 459 | 459 | | governed by the law in effect on the date the offense was committed, |
|---|
| 460 | 460 | | and the former law is continued in effect for that purpose. For |
|---|
| 461 | 461 | | purposes of this subsection, an offense was committed before the |
|---|
| 462 | 462 | | effective date of this Act if any element of the offense was |
|---|
| 463 | 463 | | committed before that date. |
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| 464 | 464 | | (b) Sections 481.121 and 481.134, Health and Safety Code, as |
|---|
| 465 | 465 | | amended by this Act, apply to an offense committed under Section |
|---|
| 466 | 466 | | 481.121 or an offense committed under Section 481.121 and |
|---|
| 467 | 467 | | punishable under Section 481.134 before, on, or after September 1, |
|---|
| 468 | 468 | | 2023, except that a final conviction for an offense that exists on |
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| 469 | 469 | | September 1, 2023, is unaffected by this Act. |
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| 470 | 470 | | SECTION 19. To the extent of any conflict, this Act prevails |
|---|
| 471 | 471 | | over another Act of the 88th Legislature, Regular Session, 2023, |
|---|
| 472 | 472 | | relating to nonsubstantive additions to and corrections in enacted |
|---|
| 473 | 473 | | codes. |
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| 474 | 474 | | SECTION 20. This Act takes effect September 1, 2023. |
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