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78R8736 T
By: Dutton H.B. No. 2316
A BILL TO BE ENTITLED
AN ACT
relating to sentences for certain nonviolent offenders.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 28.08, Title 7, Penal Code, is amended by
amending subsections (b) and (d) as follows:
(b) Except as provided by Subsection (d), an offense under
this section is:
(1) a Class B misdemeanor if the amount of pecuniary
loss is less than $500;
(2) a Class A misdemeanor if the amount of pecuniary
loss is $500 or more; [but less than $1,500;
[(3) a state jail felony if the amount of pecuniary
loss is $1,500 or more but less than $20,000;
[(4) a felony of the third degree if the amount of
pecuniary loss is $20,000 or more but less than $100,000;
[(5) a felony of the second degree if the amount of
pecuniary loss is $100,000 or more but less than $200,000; or
[(6) a felony of the first degree if the amount of
pecuniary loss is $200,000 or more.
[(d) An offense under this section is a state jail felony
if:
[(1) the marking is made on a school, an institution of
higher education, a place of worship or human burial, a public
monument, or a community center that provides medical, social, or
educational programs; and
[(2) the amount of the pecuniary loss to real property
or to tangible personal property is less than $20,000.]
SECTION 2. Article 31.03, Title 7, Penal Code is amended by
amending subsection (e) as follows:
(e) Except as provided by Subsection (f), an offense under
this section is:
(1) a Class C misdemeanor if the value of the property
stolen is less than:
(A) $50; or
(B) $20 and the defendant obtained the property
by issuing or passing a check or similar sight order in a manner
described by Section 31.06;
(2) a Class B misdemeanor if:
(A) the value of the property stolen is:
(i) $50 or more but less than $500; or
(ii) $20 or more but less than $500 and the
defendant obtained the property by issuing or passing a check or
similar sight order in a manner described by Section 31.06; or
(B) the value of the property stolen is less
than:
(i) $50 and the defendant has previously
been convicted of any grade of theft; or
(ii) $20, the defendant has previously been
convicted of any grade of theft, and the defendant obtained the
property by issuing or passing a check or similar sight order in a
manner described by Section 31.06;
(3) a Class A misdemeanor if the value of the property
stolen is $500 or more but less than $1,500;
(4) a state jail felony if:
(A) the value of the property stolen is $1,500 or
more but less than $20,000, or the property is less than 10 head of
cattle, horses, or exotic livestock or exotic fowl as defined by
Section 142.001, Agriculture Code, or any part thereof under the
value of $20,000, or less than 100 head of sheep, swine, or goats or
any part thereof under the value of $20,000;
(B) regardless of value, the property is stolen
from the person of another or from a human corpse or grave;
(C) the property stolen is a firearm, as defined
by Section 46.01; [or
[(D) the value of the property stolen is less
than $1,500 and the defendant has been previously convicted two or
more times of any grade of theft;]
(5) a felony of the third degree if the value of the
property stolen is $20,000 or more but less than $100,000, or the
property is:
(A) 10 or more head of cattle, horses, or exotic
livestock or exotic fowl as defined by Section 142.001, Agriculture
Code, stolen during a single transaction and having an aggregate
value of less than $100,000; or
(B) 100 or more head of sheep, swine, or goats
stolen during a single transaction and having an aggregate value of
less than $100,000;
(6) a felony of the second degree if the value of the
property stolen is $100,000 or more but less than $200,000; or
(7) a felony of the first degree if the value of the
property stolen is $200,000 or more.
SECTION 3. Article 33A.04, Title 7, Penal Code is amended by
amending subsection (b) as follows:
(b) An offense under this section is:
(1) a Class C misdemeanor if the value of the
telecommunications service used or diverted is less than $100;
(2) [(1)] a Class B misdemeanor if the value of the
telecommunications service used or diverted is $100 or more but
less than $500;
(3) [(2)] a Class A misdemeanor if:
(A) the value of the telecommunications service
obtained or attempted to be obtained is $500 or more but less than
$1,500; or
(B) [the value of the telecommunications service
obtained or attempted to be obtained is less than $500 and] the
defendant has been previously convicted two or more times of an
offense under this chapter;
(4) [(3)] a state jail felony if[:
[(A)] the value of the telecommunications
service obtained or attempted to be obtained is $1,500 or more but
less than $20,000; [or
[(B) the value of the telecommunications service
obtained or attempted to be obtained is less than $1,500 and the
defendant has been previously convicted two or more times of an
offense under this chapter;]
(5) [(4)] a felony of the third degree if the value of
the telecommunications service obtained or attempted to be obtained
is $20,000 or more but less than $100,000;
(6) [(5)] a felony of the second degree if the value of
the telecommunications service obtained or attempted to be obtained
is $100,000 or more but less than $200,000; or
(7) [(6)] a felony of the first degree if the value of
the telecommunications service obtained or attempted to be obtained
is $200,000 or more.
SECTION 4. Article 38.10, Title 8, Penal Code is amended by
amending subsection (f) as follows:
(f) An offense under this section is a state jail felony [of
the third degree] if the offense for which the actor's appearance
was required is classified as a felony.
SECTION 5. Article 43.02, Title 9, Penal Code is amended by
amending subsection (c) as follows:
(c) An offense under this section is a Class B misdemeanor,
unless the actor has previously been convicted [one or two] three or
more times of an offense under this section, in which event it is a
Class A misdemeanor. [If the actor has previously been convicted
three or more times of an offense under this section, the offense is
a state jail felony].
SECTION 6. Article 481.112, Title 6, Health and Safety Code
is amended by amending subsections (b), (c) and (d) and adding new
subsection (e) as follows:
(b) An offense under Subsection (a) is a Class A misdemeanor
[state jail felony] if the amount of the controlled substance to
which the offense applies is, by aggregate weight, including
adulterants or dilutants, less than one gram.
(c) An offense under Subsection (a) is a felony of the third
[second] degree if the amount of the controlled substance to which
the offense applies is, by aggregate weight, including adulterants
or dilutants, one gram or more but less than four grams.
(d) An offense under Subsection (a) is a felony of the
second [first] degree if the amount of the controlled substance to
which the offense applies is, by aggregate weight, including
adulterants or dilutants, four grams or more but less than 28 [200]
grams.
(e) An offense under Subsection (a) is a felony of the first
degree if the amount of the controlled substance to which the
offense applies is, by aggregate weight, including adulterants or
dilutants, 28 grams or more but less than 200 grams.
SECTION 7. Article 481.113, Title 6, Health and Safety Code
is amended by amending subsections (b), (c) and (d) and adding new
subsection (e) as follows:
(b) An offense under Subsection (a) is a Class A Misdemeanor
[state jail felony] if the amount of the controlled substance to
which the offense applies is, by aggregate weight, including
adulterants or dilutants, less than one gram.
(c) An offense under Subsection (a) is a felony of the third
[second] degree if the amount of the controlled substance to which
the offense applies is, by aggregate weight, including adulterants
or dilutants, one gram or more but less than four grams.
(d) An offense under Subsection (a) is a felony of the
second [first] degree if the amount of the controlled substance to
which the offense applies is, by aggregate weight, including
adulterants or dilutants, four grams or more but less than 28 [400]
grams.
(e) An offense under Subsection (a) is a felony of the first
degree if the amount of the controlled substance to which the
offense applies is, by aggregate weight, including adulterants or
dilutants, 28 grams or more but less than 400 grams.
SECTION 8. Article 481.115, Title 6, Health and Safety Code
is amended by amending subsections (b), (c) and (d) and adding new
subsection (e) as follows:
(b) An offense under Subsection (a) is a Class A Misdemeanor
[state jail felony] if the amount of the controlled substance
possessed is, by aggregate weight, including adulterants or
dilutants, less than one gram.
(c) An offense under Subsection (a) is a state jail felony
[of the third degree] if the amount of the controlled substance
possessed is, by aggregate weight, including adulterants or
dilutants, one gram or more but less than four grams.
(d) An offense under Subsection (a) is a felony of the third
[second] degree if the amount of the controlled substance possessed
is, by aggregate weight, including adulterants or dilutants, four
grams or more but less than 28 [200] grams.
(e) An offense under Subsection (a) is a felony of the first
degree if the amount of the controlled substance to which the
offense applies is, by aggregate weight, including adulterants or
dilutants, 28 grams or more but less than 400 grams.
SECTION 9. Article 481.116, Title 6, Health and Safety Code
is amended by amending subsections (b), (c) and (d) and adding new
subsection (e) as follows:
(b) An offense under Subsection (a) is a Class A Misdemeanor
[state jail felony] if the amount of the controlled substance
possessed is, by aggregate weight, including adulterants or
dilutants, less than one gram.
(c) An offense under Subsection (a) is a state jail felony
[of the third degree] if the amount of the controlled substance
possessed is, by aggregate weight, including adulterants or
dilutants, one gram or more but less than four grams.
(d) An offense under Subsection (a) is a felony of the third
[second] degree if the amount of the controlled substance possessed
is, by aggregate weight, including adulterants or dilutants, four
grams or more but less than 28 [400] grams.
(e) An offense under Subsection (a) is a felony of the first
degree if the amount of the controlled substance to which the
offense applies is, by aggregate weight, including adulterants or
dilutants, 28 grams or more but less than 400 grams.
SECTION 10. Article 481.120, Title 6, Health and Safety
Code is amended by amending subsection (b) as follows:
(b) An offense under Subsection (a) is:
(1) a Class B misdemeanor if the amount of marihuana
delivered is one [one-fourth] ounce or less; [and the person
committing the offense does not receive remuneration for the
marihuana;]
(2) a Class A misdemeanor if the amount of marihuana
delivered is more than one ounce but less than three ounces [a Class
A misdemeanor if the amount of marihuana delivered is one-fourth
ounce or less and the person committing the offense receives
remuneration for the marihuana];
(3) a state jail felony if the amount of marihuana
delivered is five pounds or less but more than three ounces
[one-fourth ounce];
(4) a felony of the second degree if the amount of
marihuana delivered is 50 pounds or less but more than five pounds;
(5) a felony of the first degree if the amount of
marihuana delivered is 2,000 pounds or less but more than 50 pounds;
and
(6) punishable by imprisonment in the institutional
division of the Texas Department of Criminal Justice for life or for
a term of not more than 99 years or less than 10 years, and a fine
not to exceed $100,000, if the amount of marihuana delivered is more
than 2,000 pounds.
SECTION 11. Article 481.121, Title 6, Health and Safety
Code is amended by amending subsection (b) as follows:
(b) An offense under Subsection (a) is:
(1) a Class C misdemeanor if the amount of marihuana
possessed is one ounce or less;
(2) [(1)] a Class B misdemeanor if the amount of
marihuana possessed is [two] four ounces or less but more than one
ounce;
(3) [(2)] a Class A misdemeanor if the amount of
marihuana possessed is eight [four] ounces or less but more than
four [two] ounces;
(4) [(3)] a state jail felony if the amount of
marihuana possessed is five pounds or less but more than eight
[four] ounces;
(5) [(4)] a felony of the third degree if the amount of
marihuana possessed is 50 pounds or less but more than 5 pounds;
(6) [(5)] a felony of the second degree if the amount
of marihuana possessed is 2,000 pounds or less but more than 50
pounds; and
(7) [(6)] punishable by imprisonment in the
institutional division of the Texas Department of Criminal Justice
for life or for a term of not more than 99 years or less than 5
years, and a fine not to exceed $50,000, if the amount of marihuana
possessed is more than 2,000 pounds.
SECTION 12. Article 481.125, Title 6, Health and Safety
Code, is amended by amending subsections (e) and (f) as follows:
(e) An offense under Subsection (b) is a Class B [A]
misdemeanor, [unless it is shown on the trial of a defendant that
the defendant has previously been convicted under Subsection (b) or
(c), in which event the offense is punishable by confinement in jail
for a term of not more than one year or less than 90 days.]
(f) An offense under Subsection (c) is a Class A misdemeanor
[state jail felony].
SECTION 13. EFFECTIVE DATE. This Act takes effect
immediately if it receives a vote of two-thirds of all the members
elected to each house, as provided by Section 39, Article III, Texas
Constitution. If this Act does not receive the vote necessary for
immediate effect, this Act takes effect September 1, 2003.