By Wilson H.B. No. 1028
Substitute the following for H.B. No. 1028:
By Hinojosa C.S.H.B. No. 1028
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the penalty for possession of marihuana.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 481.121, Health and Safety Code, is
1-5 amended by amending Subsection (b) to read as follows:
1-6 (b) An offense under Subsection (a) is:
1-7 (1) a Class C [B] misdemeanor if the amount of
1-8 marihuana possessed is two ounces or less;
1-9 (2) a Class A misdemeanor if the amount of marihuana
1-10 possessed is four ounces or less but more than two ounces;
1-11 (3) a state jail felony if the amount of marihuana is
1-12 five pounds or less but more than four ounces;
1-13 (4) a felony of the third degree if the amount of
1-14 marihuana possessed is 50 pounds or less but more than 5 pounds;
1-15 (5) a felony of the second degree if the amount of
1-16 marihuana possessed is 2,000 pounds or less but more than 50
1-17 pounds; and
1-18 (6) punishable by imprisonment in the institutional
1-19 division of the Texas Department of Criminal Justice for life or
1-20 for a term of not more than 99 years or less than 5 years, and a
1-21 fine not to exceed $50,000, if the amount of marihuana possessed is
1-22 more than 2,000 pounds.
1-23 SECTION 2. Article 42.12, Code of Criminal Procedure, is
1-24 amended by adding Section 13E to read as follows:
2-1 Sec. 13E. COMMUNITY SUPERVISION FOR DEFENDANTS CONVICTED OF
2-2 POSSESSION OF MARIHUANA. (a) A court granting community
2-3 supervision to a defendant convicted three or more times within a
2-4 two-year period of an offense under Section 481.121, Health and
2-5 Safety Code, shall require as a condition of community supervision
2-6 that the defendant attend an education, treatment, or
2-7 rehabilitation program for drug offenders as specified or approved
2-8 by the judge or the community supervision and corrections
2-9 department officer supervising the defendant.
2-10 SECTION 3. (a) The change in law made by this Act applies
2-11 only to an offense committed on or after the effective date of this
2-12 Act. For purposes of this section, an offense is committed before
2-13 the effective date of this Act if any element of the offense occurs
2-14 before the effective date.
2-15 (b) An offense committed before the effective date of this
2-16 Act is covered by the law in effect when the offense was committed,
2-17 and the former law is continued in effect for that purpose.
2-18 SECTION 4. This Act takes effect September 1, 2001.