Texas 2023 - 88th Regular

Texas House Bill HB388 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R3685 CJD-D
2	2	By: Thompson of Harris H.B. No. 388
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the criminal penalty for the possession of a small
8	8	amount of marihuana.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 481.121(b), Health and Safety Code, is
11	11	amended to read as follows:
12	12	(b) An offense under Subsection (a) is:
13	13	(1) a Class C [B] misdemeanor if the amount of
14	14	marihuana possessed is two ounces or less;
15	15	(2) a Class A misdemeanor if the amount of marihuana
16	16	possessed is four ounces or less but more than two ounces;
17	17	(3) a state jail felony if the amount of marihuana
18	18	possessed is five pounds or less but more than four ounces;
19	19	(4) a felony of the third degree if the amount of
20	20	marihuana possessed is 50 pounds or less but more than 5 pounds;
21	21	(5) a felony of the second degree if the amount of
22	22	marihuana possessed is 2,000 pounds or less but more than 50 pounds;
23	23	and
24	24	(6) punishable by imprisonment in the Texas Department
25	25	of Criminal Justice for life or for a term of not more than 99 years
26	26	or less than 5 years, and a fine not to exceed $50,000, if the amount
27	27	of marihuana possessed is more than 2,000 pounds.
28	28	SECTION 2. Section 481.134(f), Health and Safety Code, is
29	29	amended to read as follows:
30	30	(f) An offense otherwise punishable under Section
31	31	481.118(b), 481.119(b), or 481.120(b)(1) [, or 481.121(b)(1)] is a
32	32	Class A misdemeanor if it is shown on the trial of the offense that
33	33	the offense was committed:
34	34	(1) in, on, or within 1,000 feet of any real property
35	35	that is owned, rented, or leased to a school or school board, the
36	36	premises of a public or private youth center, or a playground;
37	37	(2) on a school bus; or
38	38	(3) by any unauthorized person 18 years of age or
39	39	older, in, on, or within 1,000 feet of premises owned, rented, or
40	40	leased by a general residential operation operating as a
41	41	residential treatment center.
42	42	SECTION 3. Article 14.06(d), Code of Criminal Procedure, is
43	43	amended to read as follows:
44	44	(d) Subsection (c) applies only to a person charged with
45	45	committing an offense under:
46	46	(1) Section 481.121, Health and Safety Code, if the
47	47	offense is punishable under Subsection (b)(2) [(b)(1) or (2)] of
48	48	that section;
49	49	(1-a) Section 481.1161, Health and Safety Code, if the
50	50	offense is punishable under Subsection (b)(1) or (2) of that
51	51	section;
52	52	(2) Section 28.03, Penal Code, if the offense is
53	53	punishable under Subsection (b)(2) of that section;
54	54	(3) Section 28.08, Penal Code, if the offense is
55	55	punishable under Subsection (b)(2) or (3) of that section;
56	56	(4) Section 31.03, Penal Code, if the offense is
57	57	punishable under Subsection (e)(2)(A) of that section;
58	58	(5) Section 31.04, Penal Code, if the offense is
59	59	punishable under Subsection (e)(2) of that section;
60	60	(6) Section 38.114, Penal Code, if the offense is
61	61	punishable as a Class B misdemeanor; or
62	62	(7) Section 521.457, Transportation Code.
63	63	SECTION 4. Section 411.0728(a), Government Code, is amended
64	64	to read as follows:
65	65	(a) This section applies only to a person:
66	66	(1) who is convicted of or placed on deferred
67	67	adjudication community supervision for an offense under:
68	68	(A) Section 481.120, Health and Safety Code, if
69	69	the offense is punishable under Subsection (b)(1) of that section;
70	70	(B) [Section 481.121, Health and Safety Code, if
71	71	the offense is punishable under Subsection (b)(1);
72	72	[(C)] Section 31.03, Penal Code, if the offense is
73	73	punishable under Subsection (e)(1) or (2) of that section; or
74	74	(C) [(D)] Section 43.02, Penal Code; and
75	75	(2) who, if requested by the applicable law
76	76	enforcement agency or prosecuting attorney to provide assistance in
77	77	the investigation or prosecution of an offense under Section
78	78	20A.02, 20A.03, or 43.05, Penal Code, or a federal offense
79	79	containing elements that are substantially similar to the elements
80	80	of an offense under any of those sections:
81	81	(A) provided assistance in the investigation or
82	82	prosecution of the offense; or
83	83	(B) did not provide assistance in the
84	84	investigation or prosecution of the offense due to the person's age
85	85	or a physical or mental disability resulting from being a victim of
86	86	an offense described by this subdivision.
87	87	SECTION 5. The change in law made by this Act applies only
88	88	to an offense committed on or after the effective date of this Act.
89	89	An offense committed before the effective date of this Act is
90	90	governed by the law in effect on the date the offense was committed,
91	91	and the former law is continued in effect for that purpose. For
92	92	purposes of this section, an offense was committed before the
93	93	effective date of this Act if any element of the offense occurred
94	94	before that date.
95	95	SECTION 6. This Act takes effect September 1, 2023.