By Wilson H.B. No. 1028
77R4029 YDB-D
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) and adding Subsection (c) to
1-6 read as follows:
1-7 (b) An offense under Subsection (a) is:
1-8 (1) a Class C [B] misdemeanor if the amount of
1-9 marihuana possessed, other than concentrated cannabis, is two
1-10 ounces or less;
1-11 (2) a Class B [A] misdemeanor if the amount of
1-12 marihuana possessed, other than concentrated cannabis, is [four
1-13 ounces or less but] more than two ounces; or
1-14 (3) a Class B misdemeanor for any amount of
1-15 concentrated cannabis possessed [state jail felony if the amount of
1-16 marihuana possessed is five pounds or less but more than four
1-17 ounces;]
1-18 [(4) a felony of the third degree if the amount of
1-19 marihuana possessed is 50 pounds or less but more than 5 pounds;]
1-20 [(5) a felony of the second degree if the amount of
1-21 marihuana possessed is 2,000 pounds or less but more than 50
1-22 pounds; and]
1-23 [(6) punishable by imprisonment in the institutional
1-24 division of the Texas Department of Criminal Justice for life or
2-1 for a term of not more than 99 years or less than 5 years, and a
2-2 fine not to exceed $50,000, if the amount of marihuana possessed is
2-3 more than 2,000 pounds].
2-4 (c) For purposes of this section, "concentrated cannabis"
2-5 means the separated resin, whether crude or purified, obtained from
2-6 marihuana.
2-7 SECTION 2. Section 481.126(a), Health and Safety Code, is
2-8 amended to read as follows:
2-9 (a) A person commits an offense if the person knowingly or
2-10 intentionally:
2-11 (1) expends funds the person knows are derived from
2-12 the commission of an offense punishable under Section 481.112(e) or
2-13 (f), 481.113(e), 481.114(e), 481.115(f), 481.116(e), 481.117(e),
2-14 481.118(e), or 481.120(b)(6)[, or 481.121(b)(6)]; or
2-15 (2) finances or invests funds the person knows or
2-16 believes are intended to further the commission of an offense for
2-17 which the punishment is listed under Subdivision (1).
2-18 SECTION 3. Sections 481.134(c), (d), (e), and (f), Health and
2-19 Safety Code, are amended to read as follows:
2-20 (c) The minimum term of confinement or imprisonment for an
2-21 offense otherwise punishable under Section 481.112(c), (d), (e), or
2-22 (f), 481.113(c), (d), or (e), 481.114(c), (d), or (e),
2-23 481.115(c)-(f), 481.116(c), (d), or (e), 481.117(c), (d), or (e),
2-24 481.118(c), (d), or (e), or 481.120(b)(4), (5), or (6)[, or
2-25 481.121(b)(4), (5), or (6)] is increased by five years and the
2-26 maximum fine for the offense is doubled if it is shown on the trial
2-27 of the offense that the offense was committed:
3-1 (1) in, on, or within 1,000 feet of premises of a
3-2 school; or
3-3 (2) on a school bus.
3-4 (d) An offense otherwise punishable under Section
3-5 481.112(b), 481.113(b), 481.114(b), 481.115(b), 481.116(b), or
3-6 481.120(b)(3)[, or 481.121(b)(3)] is a felony of the third degree
3-7 if it is shown on the trial of the offense that the offense was
3-8 committed:
3-9 (1) in, on, or within 1,000 feet of any real property
3-10 that is owned, rented, or leased to a school or school board; or
3-11 (2) on a school bus.
3-12 (e) An offense otherwise punishable under Section
3-13 481.117(b), 481.119(a), or 481.120(b)(2)[, or 481.121(b)(2)] is a
3-14 state jail felony if it is shown on the trial of the offense that
3-15 the offense was committed:
3-16 (1) in, on, or within 1,000 feet of any real property
3-17 that is owned, rented, or leased to a school or school board; or
3-18 (2) on a school bus.
3-19 (f) An offense otherwise punishable under Section
3-20 481.118(b), 481.119(b), or 481.120(b)(1)[, or 481.121(b)(1)] is a
3-21 Class A misdemeanor if it is shown on the trial of the offense that
3-22 the offense was committed:
3-23 (1) in, on, or within 1,000 feet of any real property
3-24 that is owned, rented, or leased to a school or school board; or
3-25 (2) on a school bus.
3-26 SECTION 4. Article 42.12, Code of Criminal Procedure, is
3-27 amended by adding Section 13E to read as follows:
4-1 Sec. 13E. COMMUNITY SUPERVISION FOR DEFENDANTS CONVICTED OF
4-2 POSSESSION OF MARIHUANA. (a) A court granting community
4-3 supervision to a defendant convicted three or more times within a
4-4 two-year period of an offense under Section 481.121, Health and
4-5 Safety Code, shall require as a condition of community supervision
4-6 that the defendant attend an education, treatment, or
4-7 rehabilitation program for drug offenders as specified or approved
4-8 by the judge or the community supervision and corrections
4-9 department officer supervising the defendant.
4-10 (b) A judge shall suspend the imposition of the fine
4-11 applicable to the offense if a defendant is placed on community
4-12 supervision under Subsection (a). If the defendant successfully
4-13 completes the education, treatment, or rehabilitation program
4-14 required by Subsection (a), the fine shall be dismissed.
4-15 SECTION 5. This Act takes effect September 1, 2001.
4-16 SECTION 6. (a) In a criminal action under Section 481.121,
4-17 Health and Safety Code, pending on or commenced on or after the
4-18 effective date of this Act, for an offense committed before the
4-19 effective date, the defendant, if adjudged guilty, shall be
4-20 assessed the punishment under Section 481.121, Health and Safety
4-21 Code, as amended by this Act, if the defendant so elects by written
4-22 motion filed with the trial court before the sentencing hearing
4-23 begins.
4-24 (b) If the defendant does not make the election under
4-25 Subsection (a) of this section, punishment is covered by the law in
4-26 effect when the offense was committed, and the former law is
4-27 continued in effect for that purpose.