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.