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Texas Senate Bill SB208

Texas 2023 - 88th Regular

Texas Senate Bill SB208 Compare Versions

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11 88R863 JSC-D
22 By: Eckhardt S.B. No. 208
33
44
55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to the criminal penalties for delivery and possession of
88 marihuana and citations given for those offenses.
99 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1010 SECTION 1. Article 14.01, Code of Criminal Procedure, is
1111 amended by adding Subsection (c) to read as follows:
1212 (c) Notwithstanding Subsection (a) or (b), a peace officer
1313 or any other person may not, without a warrant, arrest an offender
1414 for a misdemeanor punishable by fine only under Section
1515 481.120(b)(1) or 481.121(b)(1), Health and Safety Code.
1616 SECTION 2. Article 14.03, Code of Criminal Procedure, is
1717 amended by adding Subsection (i) to read as follows:
1818 (i) Notwithstanding Subsection (a), (d), or (g), a peace
1919 officer may not, without a warrant, arrest a person who only commits
2020 an offense punishable by fine only under Section 481.120(b)(1) or
2121 481.121(b)(1), Health and Safety Code.
2222 SECTION 3. Article 14.06, Code of Criminal Procedure, is
2323 amended by adding Subsections (b-1) and (b-2) and amending
2424 Subsection (d) to read as follows:
2525 (b-1) A peace officer who is charging a person with
2626 committing an offense under Section 481.120(b)(1) or
2727 481.121(b)(1), Health and Safety Code, may not arrest the person
2828 and shall issue the person a citation as provided by Subsection (b).
2929 (b-2) Subsection (b-1) does not apply to an officer making
3030 an arrest for an offense other than an offense under Section
3131 481.120(b)(1) or 481.121(b)(1), Health and Safety Code.
3232 (d) Subsection (c) applies only to a person charged with
3333 committing an offense under:
3434 (1) Section 481.121, Health and Safety Code, if the
3535 offense is punishable under Subsection (b)(1-a) [(b)(1)] or (2) of
3636 that section;
3737 (1-a) Section 481.1161, Health and Safety Code, if the
3838 offense is punishable under Subsection (b)(1) or (2) of that
3939 section;
4040 (2) Section 28.03, Penal Code, if the offense is
4141 punishable under Subsection (b)(2) of that section;
4242 (3) Section 28.08, Penal Code, if the offense is
4343 punishable under Subsection (b)(2) or (3) of that section;
4444 (4) Section 31.03, Penal Code, if the offense is
4545 punishable under Subsection (e)(2)(A) of that section;
4646 (5) Section 31.04, Penal Code, if the offense is
4747 punishable under Subsection (e)(2) of that section;
4848 (6) Section 38.114, Penal Code, if the offense is
4949 punishable as a Class B misdemeanor; or
5050 (7) Section 521.457, Transportation Code.
5151 SECTION 4. Article 42A.551(c), Code of Criminal Procedure,
5252 is amended to read as follows:
5353 (c) Subsection (a) does not apply to a defendant who:
5454 (1) under Section 481.1151(b)(1), Health and Safety
5555 Code, possessed more than five abuse units of the controlled
5656 substance; or
5757 (2) under Section 481.1161(b)(3), Health and Safety
5858 Code, possessed more than one pound, by aggregate weight, including
5959 adulterants or dilutants, of the controlled substance[; or
6060 [(3) under Section 481.121(b)(3), Health and Safety
6161 Code, possessed more than one pound of marihuana].
6262 SECTION 5. Section 411.0728(a), Government Code, is amended
6363 to read as follows:
6464 (a) This section applies only to a person:
6565 (1) who is convicted of or placed on deferred
6666 adjudication community supervision for an offense under:
6767 (A) Section 481.120, Health and Safety Code, if
6868 the offense is punishable under Subsection (b)(1-a) [(b)(1)];
6969 (B) Section 481.121, Health and Safety Code, if
7070 the offense is punishable under Subsection (b)(1-a) [(b)(1)];
7171 (C) Section 31.03, Penal Code, if the offense is
7272 punishable under Subsection (e)(1) or (2); or
7373 (D) Section 43.02, Penal Code; and
7474 (2) who, if requested by the applicable law
7575 enforcement agency or prosecuting attorney to provide assistance in
7676 the investigation or prosecution of an offense under Section
7777 20A.02, 20A.03, or 43.05, Penal Code, or a federal offense
7878 containing elements that are substantially similar to the elements
7979 of an offense under any of those sections:
8080 (A) provided assistance in the investigation or
8181 prosecution of the offense; or
8282 (B) did not provide assistance in the
8383 investigation or prosecution of the offense due to the person's age
8484 or a physical or mental disability resulting from being a victim of
8585 an offense described by this subdivision.
8686 SECTION 6. Section 481.115(h), Health and Safety Code, is
8787 amended to read as follows:
8888 (h) The defense to prosecution provided by Subsection (g) is
8989 not available if:
9090 (1) at the time the request for emergency medical
9191 assistance was made:
9292 (A) a peace officer was in the process of
9393 arresting the actor or executing a search warrant describing the
9494 actor or the place from which the request for medical assistance was
9595 made; or
9696 (B) the actor is committing another offense,
9797 other than an offense punishable under Section 481.1151(b)(1),
9898 481.116(b), 481.1161(b)(1) or (2), 481.117(b), 481.118(b), or
9999 481.121(b)(1), (1-a), or (2), or an offense under Section
100100 481.119(b), 481.125(a), 483.041(a), or 485.031(a);
101101 (2) the actor has been previously convicted of or
102102 placed on deferred adjudication community supervision for an
103103 offense under this chapter or Chapter 483 or 485;
104104 (3) the actor was acquitted in a previous proceeding
105105 in which the actor successfully established the defense under that
106106 subsection or Section 481.1151(c), 481.116(f), 481.1161(c),
107107 481.117(f), 481.118(f), 481.119(c), 481.121(c), 481.125(g),
108108 483.041(e), or 485.031(c); or
109109 (4) at any time during the 18-month period preceding
110110 the date of the commission of the instant offense, the actor
111111 requested emergency medical assistance in response to the possible
112112 overdose of the actor or another person.
113113 SECTION 7. Section 481.1151(d), Health and Safety Code, is
114114 amended to read as follows:
115115 (d) The defense to prosecution provided by Subsection (c) is
116116 not available if:
117117 (1) at the time the request for emergency medical
118118 assistance was made:
119119 (A) a peace officer was in the process of
120120 arresting the actor or executing a search warrant describing the
121121 actor or the place from which the request for medical assistance was
122122 made; or
123123 (B) the actor is committing another offense,
124124 other than an offense punishable under Section 481.115(b),
125125 481.116(b), 481.1161(b)(1) or (2), 481.117(b), 481.118(b), or
126126 481.121(b)(1), (1-a), or (2), or an offense under Section
127127 481.119(b), 481.125(a), 483.041(a), or 485.031(a);
128128 (2) the actor has been previously convicted of or
129129 placed on deferred adjudication community supervision for an
130130 offense under this chapter or Chapter 483 or 485;
131131 (3) the actor was acquitted in a previous proceeding
132132 in which the actor successfully established the defense under that
133133 subsection or Section 481.115(g), 481.116(f), 481.1161(c),
134134 481.117(f), 481.118(f), 481.119(c), 481.121(c), 481.125(g),
135135 483.041(e), or 485.031(c); or
136136 (4) at any time during the 18-month period preceding
137137 the date of the commission of the instant offense, the actor
138138 requested emergency medical assistance in response to the possible
139139 overdose of the actor or another person.
140140 SECTION 8. Section 481.1161(d), Health and Safety Code, is
141141 amended to read as follows:
142142 (d) The defense to prosecution provided by Subsection (c) is
143143 not available if:
144144 (1) at the time the request for emergency medical
145145 assistance was made:
146146 (A) a peace officer was in the process of
147147 arresting the actor or executing a search warrant describing the
148148 actor or the place from which the request for medical assistance was
149149 made; or
150150 (B) the actor is committing another offense,
151151 other than an offense punishable under Section 481.115(b),
152152 481.1151(b)(1), 481.116(b), 481.117(b), 481.118(b), or
153153 481.121(b)(1), (1-a), or (2), or an offense under Section
154154 481.119(b), 481.125(a), 483.041(a), or 485.031(a);
155155 (2) the actor has been previously convicted of or
156156 placed on deferred adjudication community supervision for an
157157 offense under this chapter or Chapter 483 or 485;
158158 (3) the actor was acquitted in a previous proceeding
159159 in which the actor successfully established the defense under that
160160 subsection or Section 481.115(g), 481.1151(c), 481.116(f),
161161 481.117(f), 481.118(f), 481.119(c), 481.121(c), 481.125(g),
162162 483.041(e), or 485.031(c); or
163163 (4) at any time during the 18-month period preceding
164164 the date of the commission of the instant offense, the actor
165165 requested emergency medical assistance in response to the possible
166166 overdose of the actor or another person.
167167 SECTION 9. Section 481.117(g), Health and Safety Code, is
168168 amended to read as follows:
169169 (g) The defense to prosecution provided by Subsection (f) is
170170 not available if:
171171 (1) at the time the request for emergency medical
172172 assistance was made:
173173 (A) a peace officer was in the process of
174174 arresting the actor or executing a search warrant describing the
175175 actor or the place from which the request for medical assistance was
176176 made; or
177177 (B) the actor is committing another offense,
178178 other than an offense punishable under Section 481.115(b),
179179 481.1151(b)(1), 481.116(b), 481.1161(b)(1) or (2), 481.118(b), or
180180 481.121(b)(1), (1-a), or (2), or an offense under Section
181181 481.119(b), 481.125(a), 483.041(a), or 485.031(a);
182182 (2) the actor has been previously convicted of or
183183 placed on deferred adjudication community supervision for an
184184 offense under this chapter or Chapter 483 or 485;
185185 (3) the actor was acquitted in a previous proceeding
186186 in which the actor successfully established the defense under that
187187 subsection or Section 481.115(g), 481.1151(c), 481.116(f),
188188 481.1161(c), 481.118(f), 481.119(c), 481.121(c), 481.125(g),
189189 483.041(e), or 485.031(c); or
190190 (4) at any time during the 18-month period preceding
191191 the date of the commission of the instant offense, the actor
192192 requested emergency medical assistance in response to the possible
193193 overdose of the actor or another person.
194194 SECTION 10. Section 481.118(g), Health and Safety Code, is
195195 amended to read as follows:
196196 (g) The defense to prosecution provided by Subsection (f) is
197197 not available if:
198198 (1) at the time the request for emergency medical
199199 assistance was made:
200200 (A) a peace officer was in the process of
201201 arresting the actor or executing a search warrant describing the
202202 actor or the place from which the request for medical assistance was
203203 made; or
204204 (B) the actor is committing another offense,
205205 other than an offense punishable under Section 481.115(b),
206206 481.1151(b)(1), 481.116(b), 481.1161(b)(1) or (2), 481.117(b), or
207207 481.121(b)(1), (1-a), or (2), or an offense under Section
208208 481.119(b), 481.125(a), 483.041(a), or 485.031(a);
209209 (2) the actor has been previously convicted of or
210210 placed on deferred adjudication community supervision for an
211211 offense under this chapter or Chapter 483 or 485;
212212 (3) the actor was acquitted in a previous proceeding
213213 in which the actor successfully established the defense under that
214214 subsection or Section 481.115(g), 481.1151(c), 481.116(f),
215215 481.1161(c), 481.117(f), 481.119(c), 481.121(c), 481.125(g),
216216 483.041(e), or 485.031(c); or
217217 (4) at any time during the 18-month period preceding
218218 the date of the commission of the instant offense, the actor
219219 requested emergency medical assistance in response to the possible
220220 overdose of the actor or another person.
221221 SECTION 11. Section 481.119(d), Health and Safety Code, is
222222 amended to read as follows:
223223 (d) The defense to prosecution provided by Subsection (c) is
224224 not available if:
225225 (1) at the time the request for emergency medical
226226 assistance was made:
227227 (A) a peace officer was in the process of
228228 arresting the actor or executing a search warrant describing the
229229 actor or the place from which the request for medical assistance was
230230 made; or
231231 (B) the actor is committing another offense,
232232 other than an offense punishable under Section 481.115(b),
233233 481.1151(b)(1), 481.116(b), 481.1161(b)(1) or (2), 481.117(b),
234234 481.118(b), or 481.121(b)(1), (1-a), or (2), or an offense under
235235 Section 481.125(a), 483.041(a), or 485.031(a);
236236 (2) the actor has been previously convicted of or
237237 placed on deferred adjudication community supervision for an
238238 offense under this chapter or Chapter 483 or 485;
239239 (3) the actor was acquitted in a previous proceeding
240240 in which the actor successfully established the defense under that
241241 subsection or Section 481.115(g), 481.1151(c), 481.116(f),
242242 481.1161(c), 481.117(f), 481.118(f), 481.121(c), 481.125(g),
243243 483.041(e), or 485.031(c); or
244244 (4) at any time during the 18-month period preceding
245245 the date of the commission of the instant offense, the actor
246246 requested emergency medical assistance in response to the possible
247247 overdose of the actor or another person.
248248 SECTION 12. Section 481.120(b), Health and Safety Code, is
249249 amended to read as follows:
250250 (b) An offense under Subsection (a) is:
251251 (1) a Class C [B] misdemeanor if the amount of
252252 marihuana delivered is one-fourth ounce or less and the person
253253 committing the offense does not receive remuneration for the
254254 marihuana;
255255 (1-a) [(2)] a Class B [A] misdemeanor if the amount of
256256 marihuana delivered is one-fourth ounce or less and the person
257257 committing the offense receives remuneration for the marihuana;
258258 (2) [(3)] a Class A misdemeanor [state jail felony] if
259259 the amount of marihuana delivered is five pounds or less but more
260260 than one-fourth ounce;
261261 (3) [(4)] a state jail felony [of the second degree]
262262 if the amount of marihuana delivered is 50 pounds or less but more
263263 than five pounds;
264264 (4) [(5)] a felony of the second [first] degree if the
265265 amount of marihuana delivered is 2,000 pounds or less but more than
266266 50 pounds; and
267267 (5) a felony of the first degree [(6) punishable by
268268 imprisonment in the Texas Department of Criminal Justice for life
269269 or for a term of not more than 99 years or less than 10 years, and a
270270 fine not to exceed $100,000,] if the amount of marihuana delivered
271271 is more than 2,000 pounds.
272272 SECTION 13. Sections 481.121(a), (b), and (c), Health and
273273 Safety Code, are amended to read as follows:
274274 (a) Except as authorized by this chapter, a person commits
275275 an offense if the person knowingly or intentionally possesses a
276276 usable quantity of more than one ounce of marihuana.
277277 (b) An offense under Subsection (a) is:
278278 (1) a Class C [B] misdemeanor if the amount of
279279 marihuana possessed is two ounces or less but more than one ounce;
280280 (1-a) [(2)] a Class B [A] misdemeanor if the amount of
281281 marihuana possessed is four ounces or less but more than two ounces;
282282 (2) [(3)] a Class A misdemeanor [state jail felony] if
283283 the amount of marihuana possessed is five pounds or less but more
284284 than four ounces;
285285 (3) [(4)] a state jail felony [of the third degree] if
286286 the amount of marihuana possessed is 50 pounds or less but more than
287287 5 pounds;
288288 (4) [(5)] a felony of the third [second] degree if the
289289 amount of marihuana possessed is 2,000 pounds or less but more than
290290 50 pounds; and
291291 (5) a felony of the second degree [(6) punishable by
292292 imprisonment in the Texas Department of Criminal Justice for life
293293 or for a term of not more than 99 years or less than 5 years, and a
294294 fine not to exceed $50,000,] if the amount of marihuana possessed is
295295 more than 2,000 pounds.
296296 (c) It is a defense to prosecution for an offense punishable
297297 under Subsection (b)(1), (1-a), or (2) that the actor:
298298 (1) was the first person to request emergency medical
299299 assistance in response to the possible overdose of another person
300300 and:
301301 (A) made the request for medical assistance
302302 during an ongoing medical emergency;
303303 (B) remained on the scene until the medical
304304 assistance arrived; and
305305 (C) cooperated with medical assistance and law
306306 enforcement personnel; or
307307 (2) was the victim of a possible overdose for which
308308 emergency medical assistance was requested, by the actor or by
309309 another person, during an ongoing medical emergency.
310310 SECTION 14. Section 481.125(h), Health and Safety Code, is
311311 amended to read as follows:
312312 (h) The defense to prosecution provided by Subsection (g) is
313313 not available if:
314314 (1) at the time the request for emergency medical
315315 assistance was made:
316316 (A) a peace officer was in the process of
317317 arresting the actor or executing a search warrant describing the
318318 actor or the place from which the request for medical assistance was
319319 made; or
320320 (B) the actor is committing another offense,
321321 other than an offense punishable under Section 481.115(b),
322322 481.1151(b)(1), 481.116(b), 481.1161(b)(1) or (2), 481.117(b),
323323 481.118(b), or 481.121(b)(1), (1-a), or (2), or an offense under
324324 Section 481.119(b), 483.041(a), or 485.031(a);
325325 (2) the actor has been previously convicted of or
326326 placed on deferred adjudication community supervision for an
327327 offense under this chapter or Chapter 483 or 485;
328328 (3) the actor was acquitted in a previous proceeding
329329 in which the actor successfully established the defense under that
330330 subsection or Section 481.115(g), 481.1151(c), 481.116(f),
331331 481.1161(c), 481.117(f), 481.118(f), 481.119(c), 481.121(c),
332332 483.041(e), or 485.031(c); or
333333 (4) at any time during the 18-month period preceding
334334 the date of the commission of the instant offense, the actor
335335 requested emergency medical assistance in response to the possible
336336 overdose of the actor or another person.
337337 SECTION 15. Section 481.134(c), Health and Safety Code, as
338338 amended by Chapters 584 (S.B. 768) and 807 (H.B. 1540), Acts of the
339339 87th Legislature, Regular Session, 2021, is reenacted and amended
340340 to read as follows:
341341 (c) The minimum term of confinement or imprisonment for an
342342 offense otherwise punishable under Section 481.112(c), (d), (e), or
343343 (f), 481.1121(b)(2), (3), or (4), 481.1123(c), (d), (e), or (f),
344344 481.113(c), (d), or (e), 481.114(c), (d), or (e), 481.115(c), (d),
345345 (e), or (f) [481.115(c)-(f)], 481.1151(b)(2), (3), (4), or (5),
346346 481.116(c), (d), or (e), 481.1161(b)(4), (5), or (6), 481.117(c),
347347 (d), or (e), 481.118(c), (d), or (e), 481.120(b)(4) or[,] (5), [or
348348 (6),] or 481.121(b)(4) or[,] (5)[, or (6)] is increased by five
349349 years and the maximum fine for the offense is doubled if it is shown
350350 on the trial of the offense that the offense was committed:
351351 (1) in, on, or within 1,000 feet of the premises of a
352352 school, the premises of a public or private youth center, or a
353353 playground;
354354 (2) on a school bus; or
355355 (3) by any unauthorized person 18 years of age or
356356 older, in, on, or within 1,000 feet of premises owned, rented, or
357357 leased by a general residential operation operating as a
358358 residential treatment center.
359359 SECTION 16. Section 481.134(f), Health and Safety Code, is
360360 amended to read as follows:
361361 (f) An offense otherwise punishable under Section
362362 481.118(b), 481.119(b), 481.120(b)(1-a) [481.120(b)(1)], or
363363 481.121(b)(1-a) [481.121(b)(1)] is a Class A misdemeanor if it is
364364 shown on the trial of the offense that the offense was committed:
365365 (1) in, on, or within 1,000 feet of any real property
366366 that is owned, rented, or leased to a school or school board, the
367367 premises of a public or private youth center, or a playground;
368368 (2) on a school bus; or
369369 (3) by any unauthorized person 18 years of age or
370370 older, in, on, or within 1,000 feet of premises owned, rented, or
371371 leased by a general residential operation operating as a
372372 residential treatment center.
373373 SECTION 17. Section 483.041(f), Health and Safety Code, is
374374 amended to read as follows:
375375 (f) The defense to prosecution provided by Subsection (e) is
376376 not available if:
377377 (1) at the time the request for emergency medical
378378 assistance was made:
379379 (A) a peace officer was in the process of
380380 arresting the actor or executing a search warrant describing the
381381 actor or the place from which the request for medical assistance was
382382 made; or
383383 (B) the actor is committing another offense,
384384 other than an offense punishable under Section 481.115(b),
385385 481.1151(b)(1), 481.116(b), 481.1161(b)(1) or (2), 481.117(b),
386386 481.118(b), or 481.121(b)(1), (1-a), or (2), or an offense under
387387 Section 481.119(b), 481.125(a), or 485.031(a);
388388 (2) the actor has been previously convicted of or
389389 placed on deferred adjudication community supervision for an
390390 offense under this chapter or Chapter 481 or 485;
391391 (3) the actor was acquitted in a previous proceeding
392392 in which the actor successfully established the defense under that
393393 subsection or Section 481.115(g), 481.1151(c), 481.116(f),
394394 481.1161(c), 481.117(f), 481.118(f), 481.119(c), 481.121(c),
395395 481.125(g), or 485.031(c); or
396396 (4) at any time during the 18-month period preceding
397397 the date of the commission of the instant offense, the actor
398398 requested emergency medical assistance in response to the possible
399399 overdose of the actor or another person.
400400 SECTION 18. Section 485.031(d), Health and Safety Code, is
401401 amended to read as follows:
402402 (d) The defense to prosecution provided by Subsection (c) is
403403 not available if:
404404 (1) at the time the request for emergency medical
405405 assistance was made:
406406 (A) a peace officer was in the process of
407407 arresting the actor or executing a search warrant describing the
408408 actor or the place from which the request for medical assistance was
409409 made; or
410410 (B) the actor is committing another offense,
411411 other than an offense punishable under Section 481.115(b),
412412 481.1151(b)(1), 481.116(b), 481.1161(b)(1) or (2), 481.117(b),
413413 481.118(b), or 481.121(b)(1), (1-a), or (2), or an offense under
414414 Section 481.119(b), 481.125(a), or 483.041(a);
415415 (2) the actor has been previously convicted of or
416416 placed on deferred adjudication community supervision for an
417417 offense under this chapter or Chapter 481 or 483;
418418 (3) the actor was acquitted in a previous proceeding
419419 in which the actor successfully established the defense under that
420420 subsection or Section 481.115(g), 481.1151(c), 481.116(f),
421421 481.1161(c), 481.117(f), 481.118(f), 481.119(c), 481.121(c),
422422 481.125(g), or 483.041(e); or
423423 (4) at any time during the 18-month period preceding
424424 the date of the commission of the instant offense, the actor
425425 requested emergency medical assistance in response to the possible
426426 overdose of the actor or another person.
427427 SECTION 19. Section 71.023(a), Penal Code, is amended to
428428 read as follows:
429429 (a) A person commits an offense if the person, as part of the
430430 identifiable leadership of a criminal street gang, knowingly
431431 finances, directs, or supervises the commission of, or a conspiracy
432432 to commit, one or more of the following offenses by members of a
433433 criminal street gang:
434434 (1) a felony offense that is listed in Article
435435 42A.054(a), Code of Criminal Procedure;
436436 (2) a felony offense for which it is shown that a
437437 deadly weapon, as defined by Section 1.07, was used or exhibited
438438 during the commission of the offense or during immediate flight
439439 from the commission of the offense; or
440440 (3) an offense that is punishable under Section
441441 481.112(e) or (f), 481.1121(b)(4), 481.1123(d), (e), or (f), or
442442 481.115(f), [or 481.120(b)(6),] Health and Safety Code.
443443 SECTION 20. (a) Except as otherwise provided by this
444444 section, the changes in law made by this Act apply only to an
445445 offense committed on or after the effective date of this Act. An
446446 offense committed before the effective date of this Act is governed
447447 by the law in effect on the date the offense was committed, and the
448448 former law is continued in effect for that purpose. For purposes of
449449 this section, an offense was committed before the effective date of
450450 this Act if any element of the offense occurred before that date.
451451 (b) Sections 481.120, 481.121, and 481.134, Health and
452452 Safety Code, as amended by this Act, apply to an offense committed
453453 under Section 481.120 or 481.121, or an offense committed under
454454 Section 481.120 or 481.121 and punishable under Section 481.134,
455455 before, on, or after September 1, 2023, except that a final
456456 conviction for an offense that exists on September 1, 2023, is
457457 unaffected by this Act.
458458 SECTION 21. To the extent of any conflict, this Act prevails
459459 over another Act of the 88th Legislature, Regular Session, 2023,
460460 relating to nonsubstantive additions to and corrections in enacted
461461 codes.
462462 SECTION 22. This Act takes effect September 1, 2023.