Texas 2023 - 88th Regular

Texas House Bill HB4914 Compare Versions

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1	1	By: Jones of Harris H.B. No. 4914
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to removing criminal penalties for possession of certain
7	7	small amounts of controlled substances.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 481.115(b), Health and Safety Code, is
10	10	amended to read as follows:
11	11	(b) An offense under Subsection (a) is a state jail felony
12	12	if the amount of the controlled substance possessed is, by
13	13	aggregate weight, including adulterants or dilutants, less than one
14	14	gram.
15	15	(c)An offense under Subsection (a) is a felony of the third
16	16	degreeClass B misdemeanor if the amount of the controlled
17	17	substance possessed is, by aggregate weight, including adulterants
18	18	or dilutants, one gram or more but less than four grams.
19	19	(d)An offense under Subsection (a) is a felony of the second
20	20	degreeClass A misdemeanor if the amount of the controlled
21	21	substance possessed is, by aggregate weight, including adulterants
22	22	or dilutants, four grams or more but less than 200 grams.
23	23	SECTION 2. Section 481.116(b), Health and Safety Code, is
24	24	amended to read as follows:
25	25	(b) An offense under Subsection (a) is a state jail felony
26	26	if the amount of the controlled substance possessed is, by
27	27	aggregate weight, including adulterants or dilutants, less than one
28	28	gram.
29	29	(c)An offense under Subsection (a) is a felony of the third
30	30	degreeClass B misdemeanor if the amount of the controlled
31	31	substance possessed is, by aggregate weight, including adulterants
32	32	or dilutants, one gram or more but less than four grams.
33	33	(d)An offense under Subsection (a) is a felony of the second
34	34	degreeClass A misdemeanor if the amount of the controlled
35	35	substance possessed is, by aggregate weight, including adulterants
36	36	or dilutants, four grams or more but less than 200 grams.
37	37	SECTION 3. Section 481.1161(b), Health and Safety Code, is
38	38	amended to read as follows:
39	39	(b) An offense under this section is:
40	40	(1) a Class B misdemeanor if the amount of the
41	41	controlled substance possessed is, by aggregate weight, including
42	42	adulterants or dilutants, two ounces or less but more than 1 gram;
43	43	(2) a Class A misdemeanor if the amount of the
44	44	controlled substance possessed is, by aggregate weight, including
45	45	adulterants or dilutants, four ounces or less but more than two
46	46	ounces;
47	47	(3) a state jail felony if the amount of the controlled
48	48	substance possessed is, by aggregate weight, including adulterants
49	49	or dilutants, five pounds or less but more than four ounces;
50	50	(4) a felony of the third degree if the amount of the
51	51	controlled substance possessed is, by aggregate weight, including
52	52	adulterants or dilutants, 50 pounds or less but more than 5 pounds;
53	53	(5) a felony of the second degree if the amount of the
54	54	controlled substance possessed is, by aggregate weight, including
55	55	adulterants or dilutants, 2,000 pounds or less but more than 50
56	56	pounds; and
57	57	(6) punishable by imprisonment in the Texas Department
58	58	of Criminal Justice for life or for a term of not more than 99 years
59	59	or less than 5 years, and a fine not to exceed $50,000, if the amount
60	60	of the controlled substance possessed is, by aggregate weight,
61	61	including adulterants or dilutants, more than 2,000 pounds.
62	62	SECTION 4. Section 481.117(b), Health and Safety Code, is
63	63	amended to read as follows:
64	64	(b) An offense under Subsection (a) is a Class B misdemeanor
65	65	if the amount of the controlled substance possessed is, by
66	66	aggregate weight, including adulterants or dilutants, less than 4
67	67	grams but more than 1 grams.
68	68	(b)(c) An offense under Subsection (a) is a Class A
69	69	misdemeanor if the amount of the controlled substance possessed is,
70	70	by aggregate weight, including adulterants or dilutants, less than
71	71	28 grams but more than 4 grams.
72	72	(c)(d) An offense under Subsection (a) is a felony of the
73	73	third degree if the amount of the controlled substance possessed
74	74	is, by aggregate weight, including adulterants or dilutants, 28
75	75	grams or more but less than 200 grams.
76	76	(d)(e) An offense under Subsection (a) is a felony of the
77	77	second degree, if the amount of the controlled substance possessed
78	78	is, by aggregate weight, including adulterants or dilutants, 200
79	79	grams or more but less than 400 grams.
80	80	(e)(f) An offense under Subsection (a) is punishable by
81	81	imprisonment in the Texas Department of Criminal Justice for life
82	82	or for a term of not more than 99 years or less than five years, and
83	83	a fine not to exceed $50,000, if the amount of the controlled
84	84	substance possessed is, by aggregate weight, including adulterants
85	85	or dilutants, 400 grams or more.
86	86	(f)(g) It is a defense to prosecution for an offense
87	87	punishable under Subsection (b) that the actor:
88	88	(1)was the first person to request emergency medical
89	89	assistance in response to the possible overdose of another person
90	90	and:
91	91	(A) made the request for medical assistance
92	92	during an ongoing medical emergency;
93	93	(B) remained on the scene until the medical
94	94	assistance arrived; and
95	95	(C) cooperated with medical assistance and law
96	96	enforcement personnel; or
97	97	(2) was the victim of a possible overdose for which
98	98	emergency medical assistance was requested, by the actor or by
99	99	another person, during an ongoing medical emergency.
100	100	(g)(h) The defense to prosecution provided by Subsection
101	101	(f) is not available if:
102	102	(1) at the time the request for emergency medical
103	103	assistance was made:
104	104	(A) a peace officer was in the process of
105	105	arresting the actor or executing a search warrant describing the
106	106	actor or the place from which the request for medical assistance was
107	107	made; or
108	108	(B) the actor is committing another offense,
109	109	other than an offense punishable under Section 481.115(b),
110	110	481.1151(b)(1), 481.116(b), 481.1161(b)(1) or (2), 481.118(b), or
111	111	481.121(b)(1) or (2), or an offense under Section 481.119(b),
112	112	481.125(a), 483.041(a), or 485.031(a);
113	113	(2) the actor has been previously convicted of or
114	114	placed on deferred adjudication community supervision for an
115	115	offense under this chapter or Chapter 483 or 485;
116	116	(3) the actor was acquitted in a previous proceeding
117	117	in which the actor successfully established the defense under that
118	118	subsection or Section 481.115(g), 481.1151(c), 481.116(f),
119	119	481.1161(c), 481.118(f), 481.119(c), 481.121(c), 481.125(g),
120	120	483.041(e), or 485.031(c); or
121	121	(4)at any time during the 18-month period preceding the
122	122	date of the commission of the instant offense, the actor requested
123	123	emergency medical assistance in response to the possible overdose
124	124	of the actor or another person.
125	125	(h)(i) The defense to prosecution provided by Subsection (f)
126	126	does not preclude the admission of evidence obtained by law
127	127	enforcement resulting from the request for emergency medical
128	128	assistance if that evidence pertains to an offense for which the
129	129	defense described by Subsection (f) is not available.
130	130	SECTION 5. Section 481.118(b), Health and Safety Code, is
131	131	amended to read as follows:
132	132	(b) An offense under Subsection (a) is a Class B misdemeanor
133	133	if the amount of the controlled substance possessed is, by
134	134	aggregate weight, including adulterants or dilutants, less than 28
135	135	grams but more than 1 gram.
136	136	SECTION 6. Section 481.119(b), Health and Safety Code, is
137	137	amended to read as follows:
138	138	(b) A person commits an offense if the person knowingly or
139	139	intentionally possesses a controlled substance in an amount
140	140	exceeding 1 gram listed in a schedule by an action of the
141	141	commissioner under this chapter but not listed in a penalty group.
142	142	An offense under this subsection is a Class B misdemeanor.
143	143	SECTION 7. Section 481.121(b), Health and Safety Code, is
144	144	amended to read as follows:
145	145	(b) An offense under Subsection (a) is:
146	146	(1) a Class B misdemeanor if the amount of marihuana
147	147	possessed is two ounces or less but more than 1 gram;
148	148	(2) a Class A misdemeanor if the amount of marihuana
149	149	possessed is four ounces or less but more than two ounces;
150	150	(3) a state jail felony if the amount of marihuana
151	151	possessed is five pounds or less but more than four ounces;
152	152	(4) a felony of the third degree if the amount of
153	153	marihuana possessed is 50 pounds or less but more than 5 pounds;
154	154	(5) a felony of the second degree if the amount of
155	155	marihuana possessed is 2,000 pounds or less but more than 50 pounds;
156	156	and
157	157	(6) punishable by imprisonment in the Texas Department
158	158	of Criminal Justice for life or for a term of not more than 99 years
159	159	or less than 5 years, and a fine not to exceed $50,000, if the amount
160	160	of marihuana possessed is more than 2,000 pounds.
161	161	SECTION 8. The change in law made by this Act applies only
162	162	to an offense committed on or after the effective date of this Act.
163	163	An offense committed before the effective date of this Act is
164	164	governed by the law in effect on the date the offense was committed,
165	165	and the former law is continued in effect for that purpose. For
166	166	purposes of this section, an offense was committed before the
167	167	effective date of this Act if any element of the offense was
168	168	committed before that date.
169	169	SECTION 9. This Act takes effect September 1, 2023.