| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the penalty for certain offenders for possession of a |
|
|
small amount of certain controlled substances. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 481.115, Health and Safety Code, is |
|
|
amended by amending Subsection (b) and adding Subsection (b-1) to |
|
|
read as follows: |
|
|
(b) Except as provided by Subsection (b-1), an [An] offense |
|
|
under Subsection (a) is a Class A misdemeanor with a minimum term of |
|
|
confinement of 180 days [state jail felony] if the amount of the |
|
|
controlled substance possessed is, by aggregate weight, including |
|
|
adulterants or dilutants, less than one gram. |
|
|
(b-1) An offense punishable under Subsection (b) is a state |
|
|
jail felony if the person has been previously convicted of an |
|
|
offense under this section or Section 481.1151, 481.116, 481.1161, |
|
|
481.117, 481.118, or 481.121. |
|
|
SECTION 2. Section 481.1151, Health and Safety Code, is |
|
|
amended by amending Subsection (b) and adding Subsection (b-1) to |
|
|
read as follows: |
|
|
(b) An offense under this section is: |
|
|
(1) a Class A misdemeanor with a minimum term of |
|
|
confinement of 180 days [state jail felony] if the number of abuse |
|
|
units of the controlled substance is fewer than 20, except as |
|
|
provided by Subsection (b-1); |
|
|
(2) a felony of the third degree 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. |
|
|
(b-1) An offense punishable under Subsection (b)(1) is a |
|
|
state jail felony if the person has been previously convicted of an |
|
|
offense under this section or Section 481.115, 481.116, 481.1161, |
|
|
481.117, 481.118, or 481.121. |
|
|
SECTION 3. Section 481.116, Health and Safety Code, is |
|
|
amended by amending Subsection (b) and adding Subsection (b-1) to |
|
|
read as follows: |
|
|
(b) Except as provided by Subsection (b-1), an [An] offense |
|
|
under Subsection (a) is a Class A misdemeanor with a minimum term of |
|
|
confinement of 180 days [state jail felony] if the amount of the |
|
|
controlled substance possessed is, by aggregate weight, including |
|
|
adulterants or dilutants, less than one gram. |
|
|
(b-1) An offense punishable under Subsection (b) is a state |
|
|
jail felony if the person has been previously convicted of an |
|
|
offense under this section or Section 481.115, 481.1151, 481.1161, |
|
|
481.117, 481.118, or 481.121. |
|
|
SECTION 4. Sections 481.134(d) and (e), 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), 481.115(b-1) |
|
|
[481.115(b)], 481.1151(b-1) [481.1151(b)(1)], 481.116(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 |
|
|
481.115(b), 481.1151(b)(1), 481.116(b), 481.117(b), 481.119(a), |
|
|
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. |
|
|
SECTION 5. Subchapter K, Chapter 42A, Code of Criminal |
|
|
Procedure, is amended by adding Article 42A.518 to read as follows: |
|
|
Art. 42A.518. COMMUNITY SUPERVISION FOR CERTAIN DRUG |
|
|
OFFENSES; EDUCATIONAL PROGRAM. A judge who grants community |
|
|
supervision to a person convicted of a Class A misdemeanor under |
|
|
Section 481.115(b), 481.1151(b)(1), 481.116(b), or 481.1161(b)(2), |
|
|
Health and Safety Code, may require, as a condition of community |
|
|
supervision, that the person successfully complete an educational |
|
|
program on substance abuse awareness approved by the Texas |
|
|
Department of Licensing and Regulation. |
|
|
SECTION 6. Articles 42A.551(a) and (c), Code of Criminal |
|
|
Procedure, are amended to read as follows: |
|
|
(a) Except as otherwise provided by Subsection (b) or (c), |
|
|
on conviction of a state jail felony under Section 481.115(b-1) |
|
|
[481.115(b)], 481.1151(b-1) [481.1151(b)(1)], 481.116(b-1) |
|
|
[481.116(b)], 481.1161(b)(3), 481.121(b)(3), or 481.129(g)(1), |
|
|
Health and Safety Code, that is punished under Section 12.35(a), |
|
|
Penal Code, the judge shall suspend the imposition of the sentence |
|
|
and place the defendant on community supervision. |
|
|
(c) Subsection (a) does not apply to a defendant who: |
|
|
(1) under Section 481.1151(b-1) [481.1151(b)(1)], |
|
|
Health and Safety Code, possessed more than five abuse units of the |
|
|
controlled substance; |
|
|
(2) under Section 481.1161(b)(3), Health and Safety |
|
|
Code, possessed more than one pound, by aggregate weight, including |
|
|
adulterants or dilutants, of the controlled substance; or |
|
|
(3) under Section 481.121(b)(3), Health and Safety |
|
|
Code, possessed more than one pound of marihuana. |
|
|
SECTION 7. The change in law made by this Act applies only |
|
|
to an offense committed on or after the effective date of this Act. |
|
|
An offense committed before the effective date of this Act is |
|
|
governed by the law in effect on the date the offense was committed, |
|
|
and the former law is continued in effect for that purpose. For |
|
|
purposes of this section, an offense was committed before the |
|
|
effective date of this Act if any element of the offense was |
|
|
committed before that date. |
|
|
SECTION 8. This Act takes effect September 1, 2023. |