Texas 2023 - 88th Regular

Texas House Bill HB520 Compare Versions

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1	1	88R1019 JSC-D
2	2	By: Wu H.B. No. 520
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to criminal penalties for possession offenses under the
8	8	Texas Controlled Substances Act.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	ARTICLE 1. POSSESSION OFFENSE PENALTIES
11	11	SECTION 1.01. Section 481.115(c), Health and Safety Code,
12	12	is amended to read as follows:
13	13	(c) An offense under Subsection (a) is a felony of the third
14	14	degree with a maximum term of imprisonment of five years if the
15	15	amount of the controlled substance possessed is, by aggregate
16	16	weight, including adulterants or dilutants, one gram or more [but
17	17	less than four grams].
18	18	SECTION 1.02. Section 481.1151(b), Health and Safety Code,
19	19	is amended to read as follows:
20	20	(b) An offense under this section is:
21	21	(1) a state jail felony if the number of abuse units of
22	22	the controlled substance is fewer than 20; and
23	23	(2) a felony of the third degree with a maximum term of
24	24	imprisonment of five years if the number of abuse units of the
25	25	controlled substance is 20 or more [but fewer than 80;
26	26	[(3) a felony of the second degree if the number of
27	27	abuse units of the controlled substance is 80 or more but fewer than
28	28	4,000;
29	29	[(4) a felony of the first degree if the number of
30	30	abuse units of the controlled substance is 4,000 or more but fewer
31	31	than 8,000; and
32	32	[(5) punishable by imprisonment in the Texas
33	33	Department of Criminal Justice for life or for a term of not more
34	34	than 99 years or less than 15 years and a fine not to exceed
35	35	$250,000, if the number of abuse units of the controlled substance
36	36	is 8,000 or more].
37	37	SECTION 1.03. Section 481.116(c), Health and Safety Code,
38	38	is amended to read as follows:
39	39	(c) An offense under Subsection (a) is a felony of the third
40	40	degree with a maximum term of imprisonment of five years if the
41	41	amount of the controlled substance possessed is, by aggregate
42	42	weight, including adulterants or dilutants, one gram or more [but
43	43	less than four grams].
44	44	SECTION 1.04. Section 481.1161(b), Health and Safety Code,
45	45	is amended to read as follows:
46	46	(b) An offense under this section is:
47	47	(1) a Class B misdemeanor if the amount of the
48	48	controlled substance possessed is, by aggregate weight, including
49	49	adulterants or dilutants, two ounces or less;
50	50	(2) a Class A misdemeanor if the amount of the
51	51	controlled substance possessed is, by aggregate weight, including
52	52	adulterants or dilutants, four ounces or less but more than two
53	53	ounces;
54	54	(3) a state jail felony if the amount of the controlled
55	55	substance possessed is, by aggregate weight, including adulterants
56	56	or dilutants, five pounds or less but more than four ounces; and
57	57	(4) a felony of the third degree with a maximum term of
58	58	imprisonment of five years if the amount of the controlled
59	59	substance possessed is, by aggregate weight, including adulterants
60	60	or dilutants, [50 pounds or less but] more than 5 pounds[;
61	61	[(5) a felony of the second degree if the amount of the
62	62	controlled substance possessed is, by aggregate weight, including
63	63	adulterants or dilutants, 2,000 pounds or less but more than 50
64	64	pounds; and
65	65	[(6) punishable by imprisonment in the Texas
66	66	Department of Criminal Justice for life or for a term of not more
67	67	than 99 years or less than 5 years, and a fine not to exceed $50,000,
68	68	if the amount of the controlled substance possessed is, by
69	69	aggregate weight, including adulterants or dilutants, more than
70	70	2,000 pounds].
71	71	SECTION 1.05. Section 481.117(c), Health and Safety Code,
72	72	is amended to read as follows:
73	73	(c) An offense under Subsection (a) is a felony of the third
74	74	degree with a maximum term of imprisonment of five years if the
75	75	amount of the controlled substance possessed is, by aggregate
76	76	weight, including adulterants or dilutants, 28 grams or more [but
77	77	less than 200 grams].
78	78	SECTION 1.06. Section 481.118(c), Health and Safety Code,
79	79	is amended to read as follows:
80	80	(c) An offense under Subsection (a) is a felony of the third
81	81	degree with a maximum term of imprisonment of five years if the
82	82	amount of the controlled substance possessed is, by aggregate
83	83	weight, including adulterants or dilutants, 28 grams or more [but
84	84	less than 200 grams].
85	85	SECTION 1.07. Section 481.121(b), Health and Safety Code,
86	86	is amended to read as follows:
87	87	(b) An offense under Subsection (a) is:
88	88	(1) a Class B misdemeanor if the amount of marihuana
89	89	possessed is two ounces or less;
90	90	(2) a Class A misdemeanor if the amount of marihuana
91	91	possessed is four ounces or less but more than two ounces;
92	92	(3) a state jail felony if the amount of marihuana
93	93	possessed is five pounds or less but more than four ounces; and
94	94	(4) a felony of the third degree with a maximum term of
95	95	imprisonment of five years if the amount of marihuana possessed is
96	96	[50 pounds or less but] more than 5 pounds[;
97	97	[(5) a felony of the second degree if the amount of
98	98	marihuana possessed is 2,000 pounds or less but more than 50 pounds;
99	99	and
100	100	[(6) punishable by imprisonment in the Texas
101	101	Department of Criminal Justice for life or for a term of not more
102	102	than 99 years or less than 5 years, and a fine not to exceed $50,000,
103	103	if the amount of marihuana possessed is more than 2,000 pounds].
104	104	SECTION 1.08. Section 481.134(c), Health and Safety Code,
105	105	as amended by Chapters 584 (S.B. 768) and 807 (H.B. 1540), Acts of
106	106	the 87th Legislature, Regular Session, 2021, is reenacted and
107	107	amended to read as follows:
108	108	(c) The minimum term of confinement or imprisonment for an
109	109	offense otherwise punishable under Section 481.112(c), (d), (e), or
110	110	(f), 481.1121(b)(2), (3), or (4), 481.1123(c), (d), (e), or (f),
111	111	481.113(c), (d), or (e), 481.114(c), (d), or (e), or
112	112	[481.115(c)-(f), 481.1151(b)(2), (3), (4), or (5), 481.116(c),
113	113	(d), or (e), 481.1161(b)(4), (5), or (6), 481.117(c), (d), or (e),
114	114	481.118(c), (d), or (e),] 481.120(b)(4), (5), or (6) [, or
115	115	481.121(b)(4), (5), or (6)] is increased by five years and the
116	116	maximum fine for the offense is doubled if it is shown on the trial
117	117	of the offense that the offense was committed:
118	118	(1) in, on, or within 1,000 feet of the premises of a
119	119	school, the premises of a public or private youth center, or a
120	120	playground;
121	121	(2) on a school bus; or
122	122	(3) by any unauthorized person 18 years of age or
123	123	older, in, on, or within 1,000 feet of premises owned, rented, or
124	124	leased by a general residential operation operating as a
125	125	residential treatment center.
126	126	SECTION 1.09. Sections 481.134(d), (e), and (f), Health and
127	127	Safety Code, are amended to read as follows:
128	128	(d) An offense otherwise punishable under Section
129	129	481.112(b), 481.1121(b)(1), 481.113(b), 481.114(b), or
130	130	[481.115(b), 481.1151(b)(1), 481.116(b), 481.1161(b)(3),]
131	131	481.120(b)(3) [, or 481.121(b)(3)] is a felony of the third degree
132	132	if it is shown on the trial of the offense that the offense was
133	133	committed:
134	134	(1) in, on, or within 1,000 feet of any real property
135	135	that is owned, rented, or leased to a school or school board, the
136	136	premises of a public or private youth center, or a playground;
137	137	(2) on a school bus; or
138	138	(3) by any unauthorized person 18 years of age or
139	139	older, in, on, or within 1,000 feet of premises owned, rented, or
140	140	leased by a general residential operation operating as a
141	141	residential treatment center.
142	142	(e) An offense otherwise punishable under Section
143	143	[481.117(b),] 481.119(a) or [,] 481.120(b)(2) [, or 481.121(b)(2)]
144	144	is a state jail felony if it is shown on the trial of the offense
145	145	that the offense was committed:
146	146	(1) in, on, or within 1,000 feet of any real property
147	147	that is owned, rented, or leased to a school or school board, the
148	148	premises of a public or private youth center, or a playground;
149	149	(2) on a school bus; or
150	150	(3) by any unauthorized person 18 years of age or
151	151	older, in, on, or within 1,000 feet of premises owned, rented, or
152	152	leased by a general residential operation operating as a
153	153	residential treatment center.
154	154	(f) An offense otherwise punishable under Section
155	155	[481.118(b), 481.119(b),] 481.120(b)(1) [, or 481.121(b)(1)] is a
156	156	Class A misdemeanor if it is shown on the trial of the offense that
157	157	the offense was committed:
158	158	(1) in, on, or within 1,000 feet of any real property
159	159	that is owned, rented, or leased to a school or school board, the
160	160	premises of a public or private youth center, or a playground;
161	161	(2) on a school bus; or
162	162	(3) by any unauthorized person 18 years of age or
163	163	older, in, on, or within 1,000 feet of premises owned, rented, or
164	164	leased by a general residential operation operating as a
165	165	residential treatment center.
166	166	SECTION 1.10. The following provisions of the Health and
167	167	Safety Code are repealed:
168	168	(1) Sections 481.115(d), (e), and (f);
169	169	(2) Sections 481.116(d) and (e);
170	170	(3) Sections 481.117(d) and (e); and
171	171	(4) Sections 481.118(d) and (e).
172	172	ARTICLE 2. PRIOR CONVICTIONS
173	173	SECTION 2.01. Subchapter D, Chapter 12, Penal Code, is
174	174	amended by adding Section 12.495 to read as follows:
175	175	Sec. 12.495. DRUG POSSESSION OFFENSES NOT SUBJECT TO
176	176	ENHANCEMENT. Notwithstanding any other provision of this
177	177	subchapter:
178	178	(1) a previous conviction for an offense under Section
179	179	481.115, 481.1151, 481.116, 481.1161, 481.117, 481.118,
180	180	481.119(b), 481.121, or 481.125(a), Health and Safety Code, may not
181	181	be used for enhancement purposes under this subchapter; and
182	182	(2) a previous conviction for any offense may not be
183	183	used for enhancing an offense under Section 481.115, 481.1151,
184	184	481.116, 481.1161, 481.117, 481.118, 481.119(b), 481.121, or
185	185	481.125(a), Health and Safety Code, under any provision of this
186	186	subchapter.
187	187	ARTICLE 3. CONFORMING CHANGES
188	188	SECTION 3.01. Section 481.126, Health and Safety Code, is
189	189	amended to read as follows:
190	190	Sec. 481.126. OFFENSE: ILLEGAL BARTER, EXPENDITURE, OR
191	191	INVESTMENT. (a) A person commits an offense if the person:
192	192	(1) barters property or expends funds the person knows
193	193	are derived from the commission of an offense under this chapter
194	194	punishable by imprisonment in the Texas Department of Criminal
195	195	Justice for life; or
196	196	(2) [barters property or expends funds the person
197	197	knows are derived from the commission of an offense under Section
198	198	481.121(a) that is punishable under Section 481.121(b)(5);
199	199	[(3)] barters property or finances or invests funds
200	200	the person knows or believes are intended to further the commission
201	201	of an offense for which the punishment is described by Subdivision
202	202	(1)[; or
203	203	[(4) barters property or finances or invests funds the
204	204	person knows or believes are intended to further the commission of
205	205	an offense under Section 481.121(a) that is punishable under
206	206	Section 481.121(b)(5)].
207	207	(b) An offense under this section [Subsection (a)(1) or (3)]
208	208	is a felony of the first degree. [An offense under Subsection
209	209	(a)(2) or (4) is a felony of the second degree.]
210	210	SECTION 3.02. Section 71.023(a), Penal Code, is amended to
211	211	read as follows:
212	212	(a) A person commits an offense if the person, as part of the
213	213	identifiable leadership of a criminal street gang, knowingly
214	214	finances, directs, or supervises the commission of, or a conspiracy
215	215	to commit, one or more of the following offenses by members of a
216	216	criminal street gang:
217	217	(1) a felony offense that is listed in Article
218	218	42A.054(a), Code of Criminal Procedure;
219	219	(2) a felony offense for which it is shown that a
220	220	deadly weapon, as defined by Section 1.07, was used or exhibited
221	221	during the commission of the offense or during immediate flight
222	222	from the commission of the offense; or
223	223	(3) an offense that is punishable under Section
224	224	481.112(e) or (f), 481.1121(b)(4), 481.1123(d), (e), or (f),
225	225	[481.115(f),] or 481.120(b)(6), Health and Safety Code.
226	226	ARTICLE 4. TRANSITION; EFFECTIVE DATE
227	227	SECTION 4.01. The changes in law made by this Act apply to
228	228	an offense committed before, on, or after September 1, 2023, except
229	229	that a final conviction for an offense that exists on September 1,
230	230	2023, is unaffected by this Act.
231	231	SECTION 4.02. To the extent of any conflict, this Act
232	232	prevails over another Act of the 88th Legislature, Regular Session,
233	233	2023, relating to nonsubstantive additions to and corrections in
234	234	enacted codes.
235	235	SECTION 4.03. This Act takes effect September 1, 2023.