88R1019 JSC-D

By: Wu H.B. No. 520

A BILL TO BE ENTITLED

AN ACT

relating to criminal penalties for possession offenses under the Texas Controlled Substances Act.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

ARTICLE 1. POSSESSION OFFENSE PENALTIES

SECTION 1.01. Section 481.115(c), Health and Safety Code, is amended to read as follows:

(c) An offense under Subsection (a) is a felony of the third degree with a maximum term of imprisonment of five years if the amount of the controlled substance possessed is, by aggregate weight, including adulterants or dilutants, one gram or more [but less than four grams].

SECTION 1.02. Section 481.1151(b), Health and Safety Code, is amended to read as follows:

(b) An offense under this section is:

(1) a state jail felony if the number of abuse units of the controlled substance is fewer than 20; and

(2) a felony of the third degree with a maximum term of imprisonment of five years if the number of abuse units of the controlled substance is 20 or more [but fewer than 80;

[(3) a felony of the second degree if the number of abuse units of the controlled substance is 80 or more but fewer than 4,000;

[(4) a felony of the first degree if the number of abuse units of the controlled substance is 4,000 or more but fewer than 8,000; and

[(5) punishable by imprisonment in the Texas Department of Criminal Justice for life or for a term of not more than 99 years or less than 15 years and a fine not to exceed $250,000, if the number of abuse units of the controlled substance is 8,000 or more].

SECTION 1.03. Section 481.116(c), Health and Safety Code, is amended to read as follows:

(c) An offense under Subsection (a) is a felony of the third degree with a maximum term of imprisonment of five years if the amount of the controlled substance possessed is, by aggregate weight, including adulterants or dilutants, one gram or more [but less than four grams].

SECTION 1.04. Section 481.1161(b), Health and Safety Code, is amended to read as follows:

(b) An offense under this section is:

(1) a Class B misdemeanor if the amount of the controlled substance possessed is, by aggregate weight, including adulterants or dilutants, two ounces or less;

(2) a Class A misdemeanor if the amount of the controlled substance possessed is, by aggregate weight, including adulterants or dilutants, four ounces or less but more than two ounces;

(3) a state jail felony if the amount of the controlled substance possessed is, by aggregate weight, including adulterants or dilutants, five pounds or less but more than four ounces; and

(4) a felony of the third degree with a maximum term of imprisonment of five years if the amount of the controlled substance possessed is, by aggregate weight, including adulterants or dilutants, [50 pounds or less but] more than 5 pounds[;

[(5) a felony of the second degree if the amount of the controlled substance possessed is, by aggregate weight, including adulterants or dilutants, 2,000 pounds or less but more than 50 pounds; and

[(6) punishable by imprisonment in the Texas Department of Criminal Justice for life or for a term of not more than 99 years or less than 5 years, and a fine not to exceed $50,000, if the amount of the controlled substance possessed is, by aggregate weight, including adulterants or dilutants, more than 2,000 pounds].

SECTION 1.05. Section 481.117(c), Health and Safety Code, is amended to read as follows:

(c) An offense under Subsection (a) is a felony of the third degree with a maximum term of imprisonment of five years if the amount of the controlled substance possessed is, by aggregate weight, including adulterants or dilutants, 28 grams or more [but less than 200 grams].

SECTION 1.06. Section 481.118(c), Health and Safety Code, is amended to read as follows:

(c) An offense under Subsection (a) is a felony of the third degree with a maximum term of imprisonment of five years if the amount of the controlled substance possessed is, by aggregate weight, including adulterants or dilutants, 28 grams or more [but less than 200 grams].

SECTION 1.07. Section 481.121(b), Health and Safety Code, is amended to read as follows:

(b) An offense under Subsection (a) is:

(1) a Class B misdemeanor if the amount of marihuana possessed is two ounces or less;

(2) a Class A misdemeanor if the amount of marihuana possessed is four ounces or less but more than two ounces;

(3) a state jail felony if the amount of marihuana possessed is five pounds or less but more than four ounces; and

(4) a felony of the third degree with a maximum term of imprisonment of five years if the amount of marihuana possessed is [50 pounds or less but] more than 5 pounds[;

[(5) a felony of the second degree if the amount of marihuana possessed is 2,000 pounds or less but more than 50 pounds; and

[(6) punishable by imprisonment in the Texas Department of Criminal Justice for life or for a term of not more than 99 years or less than 5 years, and a fine not to exceed $50,000, if the amount of marihuana possessed is more than 2,000 pounds]. SECTION 1.08. Section 481.134(c), Health and Safety Code, as amended by Chapters 584 (S.B. 768) and 807 (H.B. 1540), Acts of the 87th Legislature, Regular Session, 2021, is reenacted and amended to read as follows:

(c) The minimum term of confinement or imprisonment for an offense otherwise punishable under Section 481.112(c), (d), (e), or (f), 481.1121(b)(2), (3), or (4), 481.1123(c), (d), (e), or (f), 481.113(c), (d), or (e), 481.114(c), (d), or (e), or [481.115(c)-(f), 481.1151(b)(2), (3), (4), or (5), 481.116(c), (d), or (e), 481.1161(b)(4), (5), or (6), 481.117(c), (d), or (e), 481.118(c), (d), or (e),] 481.120(b)(4), (5), or (6) [, or 481.121(b)(4), (5), or (6)] is increased by five years and the maximum fine for the offense is doubled if it is shown on the trial of the offense that the offense was committed:

(1) in, on, or within 1,000 feet of the premises of a school, the premises of a public or private youth center, or a playground;

(2) on a school bus; or

(3) by any unauthorized person 18 years of age or older, in, on, or within 1,000 feet of premises owned, rented, or leased by a general residential operation operating as a residential treatment center.

SECTION 1.09. Sections 481.134(d), (e), and (f), Health and Safety Code, are amended to read as follows:

(d) An offense otherwise punishable under Section 481.112(b), 481.1121(b)(1), 481.113(b), 481.114(b), or [481.115(b), 481.1151(b)(1), 481.116(b), 481.1161(b)(3),] 481.120(b)(3) [, or 481.121(b)(3)] is a felony of the third degree if it is shown on the trial of the offense that the offense was committed:

(1) in, on, or within 1,000 feet of any real property that is owned, rented, or leased to a school or school board, the premises of a public or private youth center, or a playground;

(2) on a school bus; or

(3) by any unauthorized person 18 years of age or older, in, on, or within 1,000 feet of premises owned, rented, or leased by a general residential operation operating as a residential treatment center.

(e) An offense otherwise punishable under Section [481.117(b),] 481.119(a) or [,] 481.120(b)(2) [, or 481.121(b)(2)] is a state jail felony if it is shown on the trial of the offense that the offense was committed:

(1) in, on, or within 1,000 feet of any real property that is owned, rented, or leased to a school or school board, the premises of a public or private youth center, or a playground;

(2) on a school bus; or

(3) by any unauthorized person 18 years of age or older, in, on, or within 1,000 feet of premises owned, rented, or leased by a general residential operation operating as a residential treatment center.

(f) An offense otherwise punishable under Section [481.118(b), 481.119(b),] 481.120(b)(1) [, or 481.121(b)(1)] is a Class A misdemeanor if it is shown on the trial of the offense that the offense was committed:

(1) in, on, or within 1,000 feet of any real property that is owned, rented, or leased to a school or school board, the premises of a public or private youth center, or a playground;

(2) on a school bus; or

(3) by any unauthorized person 18 years of age or older, in, on, or within 1,000 feet of premises owned, rented, or leased by a general residential operation operating as a residential treatment center.

SECTION 1.10. The following provisions of the Health and Safety Code are repealed:

(1) Sections 481.115(d), (e), and (f);

(2) Sections 481.116(d) and (e);

(3) Sections 481.117(d) and (e); and

(4) Sections 481.118(d) and (e).

ARTICLE 2. PRIOR CONVICTIONS

SECTION 2.01. Subchapter D, Chapter 12, Penal Code, is amended by adding Section 12.495 to read as follows:

Sec. 12.495. DRUG POSSESSION OFFENSES NOT SUBJECT TO ENHANCEMENT. Notwithstanding any other provision of this subchapter:

(1) a previous conviction for an offense under Section 481.115, 481.1151, 481.116, 481.1161, 481.117, 481.118, 481.119(b), 481.121, or 481.125(a), Health and Safety Code, may not be used for enhancement purposes under this subchapter; and

(2) a previous conviction for any offense may not be used for enhancing an offense under Section 481.115, 481.1151, 481.116, 481.1161, 481.117, 481.118, 481.119(b), 481.121, or 481.125(a), Health and Safety Code, under any provision of this subchapter.

ARTICLE 3. CONFORMING CHANGES

SECTION 3.01. Section 481.126, Health and Safety Code, is amended to read as follows:

Sec. 481.126. OFFENSE: ILLEGAL BARTER, EXPENDITURE, OR INVESTMENT. (a) A person commits an offense if the person:

(1) barters property or expends funds the person knows are derived from the commission of an offense under this chapter punishable by imprisonment in the Texas Department of Criminal Justice for life; or

(2) [barters property or expends funds the person knows are derived from the commission of an offense under Section 481.121(a) that is punishable under Section 481.121(b)(5);

[(3)] barters property or finances or invests funds the person knows or believes are intended to further the commission of an offense for which the punishment is described by Subdivision (1)[; or

[(4) barters property or finances or invests funds the person knows or believes are intended to further the commission of an offense under Section 481.121(a) that is punishable under Section 481.121(b)(5)].

(b) An offense under this section [Subsection (a)(1) or (3)] is a felony of the first degree. [An offense under Subsection (a)(2) or (4) is a felony of the second degree.]

SECTION 3.02. Section 71.023(a), Penal Code, is amended to read as follows:

(a) A person commits an offense if the person, as part of the identifiable leadership of a criminal street gang, knowingly finances, directs, or supervises the commission of, or a conspiracy to commit, one or more of the following offenses by members of a criminal street gang:

(1) a felony offense that is listed in Article 42A.054(a), Code of Criminal Procedure;

(2) a felony offense for which it is shown that a deadly weapon, as defined by Section 1.07, was used or exhibited during the commission of the offense or during immediate flight from the commission of the offense; or

(3) an offense that is punishable under Section 481.112(e) or (f), 481.1121(b)(4), 481.1123(d), (e), or (f), [481.115(f),] or 481.120(b)(6), Health and Safety Code.

ARTICLE 4. TRANSITION; EFFECTIVE DATE

SECTION 4.01. The changes in law made by this Act apply to an offense committed before, on, or after September 1, 2023, except that a final conviction for an offense that exists on September 1, 2023, is unaffected by this Act.

SECTION 4.02. To the extent of any conflict, this Act prevails over another Act of the 88th Legislature, Regular Session, 2023, relating to nonsubstantive additions to and corrections in enacted codes.

SECTION 4.03. This Act takes effect September 1, 2023.