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Enrolled Bill Summary

Enrolled Bill Summary

Legislative Session: 82(R)

Senate Bill 331

Senate Author:  Shapiro et al.

Effective:  9-1-11

House Sponsor:  Madden et al.


            Senate Bill 331 amends the Health and Safety Code to add Penalty Group 2-A, consisting of certain synthetic cannabinoids, to the Texas Controlled Substances Act and expands the offense of manufacturing or delivering a substance in Penalty Group 2 to include Penalty Group 2-A substances.  The bill creates the offense of possession of a Penalty Group 2-A substance, establishes penalties ranging from a Class B misdemeanor to imprisonment in the Texas Department of Criminal Justice for life or for a certain other specified term and a fine not to exceed $50,000, depending on the amount by aggregate weight of the controlled substance possessed, and enhances the penalty for non-misdemeanor offenses committed on specified premises considered drug-free zones.

            Senate Bill 331 amends the Code of Criminal Procedure to include certain possession of a Penalty Group 2-A substance offenses among the offenses for which a peace officer may issue a citation instead of taking the offender before a magistrate and for which a judge must suspend the imposition of the sentence and place the defendant on community supervision, with certain exceptions.