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INTRODUCED
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HOUSE COMMITTEE
SUBSTITUTE
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SECTION 1. Section 481.1161,
Health and Safety Code, is amended by amending Subsection (b) and adding
Subsections (c) and (d) to read as follows:
(b) An offense under this
section is:
(1) a Class C misdemeanor
if the amount of controlled substance possessed is, by aggregate weight,
including adulterants or dilutants, one ounce or less, except as provided
by Subsection (c);
(2) a Class B
misdemeanor if the amount of the controlled substance possessed is, by
aggregate weight, including adulterants or dilutants, two ounces or less but
more than one ounce;
(3) [(2)] a
Class A misdemeanor if the amount of the controlled substance possessed is,
by aggregate weight, including adulterants or dilutants, four ounces or
less but more than two ounces;
(4) [(3)] a
state jail felony if the amount of the controlled substance possessed is,
by aggregate weight, including adulterants or dilutants, five pounds or
less but more than four ounces;
(5) [(4)] a
felony of the third degree if the amount of the controlled substance
possessed is, by aggregate weight, including adulterants or dilutants, 50
pounds or less but more than 5 pounds;
(6) [(5)] a
felony of the second degree if the amount of the controlled substance
possessed is, by aggregate weight, including adulterants or dilutants,
2,000 pounds or less but more than 50 pounds; and
(7) [(6)]
punishable by imprisonment in 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 the controlled substance possessed
is, by aggregate weight, including adulterants or dilutants, more than
2,000 pounds.
(c) An offense under
Subsection (b)(1) is a Class B misdemeanor if it is shown on the trial of
the offense that the defendant has been previously convicted three or more
times of an offense involving the possession of marihuana or a synthetic
cannabinoid and each prior offense was committed within the 24-month period
preceding the date of the commission of the instant offense. For purposes
of this subsection, "offense involving the possession of marihuana or
a synthetic cannabinoid" means an offense under this section or Section
481.121 or an offense under the laws of another state that contains
elements substantially similar to the elements of an offense under either
of those sections.
(d) A defendant convicted
of an offense punishable under Subsection (c) is not eligible for community
supervision under Article 42.12, Code of Criminal Procedure.
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No
equivalent provision.
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SECTION 2. Section 481.121,
Health and Safety Code, is amended by amending Subsection (b) and adding
Subsections (c) and (d) to read 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, except as
provided by Subsection (c);
(2) a Class B
misdemeanor if the amount of marihuana possessed is two ounces or less but
more than one ounce;
(3) [(2)] a
Class A misdemeanor if the amount of marihuana possessed is four ounces or
less but more than two ounces;
(4) [(3)] a
state jail felony if the amount of marihuana possessed is five pounds or
less but more than 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 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.
(c) An offense under
Subsection (b)(1) is a Class B misdemeanor if it is shown on the trial of
the offense that the defendant has been previously convicted three or more
times of an offense involving the possession of marihuana or a synthetic
cannabinoid and each prior offense was committed within the 24-month period
preceding the date of the commission of the instant offense. For purposes
of this subsection, "offense involving the possession of marihuana or
a synthetic cannabinoid" means an offense under this section or
Section 481.1161 or an offense under the laws of another state that
contains elements substantially similar to the elements of an offense under
either of those sections.
(d) A defendant convicted
of an offense punishable under Subsection (c) is not eligible for community
supervision under Article 42.12, Code of Criminal Procedure.
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No
equivalent provision.
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SECTION 3. Section
481.126(a), Health and Safety Code, is amended to read as follows:
(a) A person commits an
offense if the person:
(1) barters property or
expends funds the person knows are derived from the commission of an
offense under this chapter punishable by imprisonment in the Texas
Department of Criminal Justice for life;
(2) barters property or
expends funds the person knows are derived from the commission of an
offense under Section 481.121(a) that is punishable under Section 481.121(b)(6)
[481.121(b)(5)];
(3) barters property or
finances or invests funds the person knows or believes are intended to
further the commission of an offense for which the punishment is described
by Subdivision (1); or
(4) barters property or
finances or invests funds the person knows or believes are intended to
further the commission of an offense under Section 481.121(a) that is
punishable under Section 481.121(b)(6) [481.121(b)(5)].
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No
equivalent provision.
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SECTION 4. Sections
481.134(c), (d), (e), and (f), Health and Safety Code, are amended to read
as follows:
(c) The minimum term of
confinement or imprisonment for an offense otherwise punishable under
Section 481.112(c), (d), (e), or (f), 481.113(c), (d), or (e), 481.114(c),
(d), or (e), 481.115(c)-(f), 481.116(c), (d), or (e), 481.1161(b)(5),
(6), or (7) [481.1161(b)(4), (5), or (6)], 481.117(c), (d), or
(e), 481.118(c), (d), or (e), 481.120(b)(4), (5), or (6), or 481.121(b)(5),
(6), or (7) [481.121(b)(4), (5), or (6)] is increased by five
years and the maximum fine for the offense is doubled if it is shown on the
trial of the offense that the offense was committed:
(1) in, on, or within 1,000
feet of the premises of a school, the premises of a public or private youth
center, or a playground; or
(2) on a school bus.
(d) An offense otherwise
punishable under Section 481.112(b), 481.113(b), 481.114(b), 481.115(b),
481.116(b), 481.1161(b)(4) [481.1161(b)(3)], 481.120(b)(3),
or 481.121(b)(4) [481.121(b)(3)] is a felony of the third
degree if it is shown on the trial of the offense that the offense was
committed:
(1) in, on, or within 1,000
feet of any real property that is owned, rented, or leased to a school or
school board, the premises of a public or private youth center, or a
playground; or
(2) on a school bus.
(e) An offense otherwise
punishable under Section 481.117(b), 481.119(a), 481.120(b)(2), or 481.121(b)(3)
[481.121(b)(2)] is a state jail felony if it is shown on the trial
of the offense that the offense was committed:
(1) in, on, or within 1,000
feet of any real property that is owned, rented, or leased to a school or
school board, the premises of a public or private youth center, or a playground;
or
(2) on a school bus.
(f) An offense otherwise
punishable under Section 481.118(b), 481.119(b), 481.120(b)(1), or
481.121(b)(1), (b)(2), or (c) is a Class A misdemeanor if it is
shown on the trial of the offense that the offense was committed:
(1) in, on, or within 1,000
feet of any real property that is owned, rented, or leased to a school or
school board, the premises of a public or private youth center, or a
playground; or
(2) on a school bus.
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No
equivalent provision.
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SECTION 5. Article 14.06(d),
Code of Criminal Procedure, is amended to read as follows:
(d) Subsection (c) applies
only to a person charged with committing an offense under:
(1) Section 481.121, Health
and Safety Code, if the offense is punishable under Subsection (b)(2),
(b)(3), or (c) [(b)(1) or (2)] of that section;
(1-a) Section 481.1161,
Health and Safety Code, if the offense is punishable under Subsection (b)(2),
(b)(3), or (c) [(b)(1) or (2)] of that section;
(2) Section 28.03, Penal
Code, if the offense is punishable under Subsection (b)(2) of that section;
(3) Section 28.08, Penal
Code, if the offense is punishable under Subsection (b)(1) of that section;
(4) Section 31.03, Penal
Code, if the offense is punishable under Subsection (e)(2)(A) of that
section;
(5) Section 31.04, Penal
Code, if the offense is punishable under Subsection (e)(2) of that section;
(6) Section 38.114, Penal
Code, if the offense is punishable as a Class B misdemeanor; or
(7) Section 521.457,
Transportation Code.
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No
equivalent provision.
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SECTION 6. Section 15(a)(1),
Article 42.12, Code of Criminal Procedure, is amended to read as follows:
(1) On conviction of a state
jail felony under Section 481.115(b), 481.1151(b)(1), 481.116(b), 481.1161(b)(4)
[481.1161(b)(3)], 481.121(b)(4) [481.121(b)(3)], or
481.129(g)(1), Health and Safety Code, that is punished under Section
12.35(a), Penal Code, the judge shall suspend the imposition of the
sentence and place the defendant on community supervision, unless the
defendant has previously been convicted of a felony, other than a felony
punished under Section 12.44(a), Penal Code, or unless the conviction
resulted from an adjudication of the guilt of a defendant previously placed
on deferred adjudication community supervision for the offense, in which
event the judge may suspend the imposition of the sentence and place the
defendant on community supervision or may order the sentence to be
executed. The provisions of this subdivision requiring the judge to
suspend the imposition of the sentence and place the defendant on community
supervision do not apply to a defendant who:
(A) under Section
481.1151(b)(1), Health and Safety Code, possessed more than five abuse
units of the controlled substance;
(B) under Section 481.1161(b)(4)
[481.1161(b)(3)], Health and Safety Code, possessed more than one
pound, by aggregate weight, including adulterants or dilutants, of the
controlled substance; or
(C) under Section 481.121(b)(4)
[481.121(b)(3)], Health and Safety Code, possessed more than one
pound of marihuana.
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No
equivalent provision.
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SECTION 7. Article 45.051,
Code of Criminal Procedure, is amended by adding Subsection (g) to read as
follows:
(g) This subsection
applies only to a defendant charged with an offense under Section 481.1161
or 481.121, Health and Safety Code, who is granted a deferral under
Subsection (a). In addition to any other requirement, the judge shall,
during the deferral period, require that the defendant successfully
complete a drug abuse awareness and education program approved by the
Department of State Health Services.
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No
equivalent provision.
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No
equivalent provision.
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SECTION 1. Subchapter D,
Chapter 481, Health and Safety Code, is amended by adding Section 481.109
to read as follows:
Sec. 481.109. REDUCTION
OF PUNISHMENT FOR CERTAIN YOUTHFUL DEFENDANTS. (a) A court shall punish a
defendant who is convicted of a Class B misdemeanor under Section 481.1161
or 481.121 by imposing the punishment for a Class C misdemeanor if:
(1) the defendant was
younger than 21 years of age at the time of the commission of the offense;
(2) the amount of
controlled substance or marihuana, as appropriate, possessed by the
defendant was, by aggregate weight, including adulterants or dilutants, one
ounce or less;
(3) the defendant has not
been previously convicted of an offense under Section 481.1161 or 481.121
or an offense under the laws of another state that contains elements
substantially similar to the elements of an offense under either of those
sections; and
(4) the defendant agrees
to complete a drug abuse awareness and education program approved by the
Department of State Health Services.
(b) Except as provided by
Subsection (c), for purposes of this chapter and other law, a defendant
punished under this section is considered to be convicted of a Class C
misdemeanor, and the conviction may not be used for purposes of
enhancement.
(c) The court in which a
defendant is punished under this section retains jurisdiction for 180 days
for the limited purpose of determining whether the defendant has completed
a drug abuse awareness and education program described by Subsection
(a)(4). On a determination by the court that the defendant will not
complete the program in a timely fashion, the court shall impose the
punishment otherwise provided by Section 481.1161 or 481.121.
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SECTION 8. The changes in
law made by this Act apply only to an offense committed on or after the
effective date of this Act. An offense committed before the effective date
of this Act is covered by the law in
effect when the offense was committed,
and the former law is continued in effect for that purpose. For purposes
of this section, an offense was committed before the effective date of this
Act if any element of the offense was committed before that date.
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SECTION 2. The changes in
law made by this Act apply only to an offense committed on or after the
effective date of this Act. An offense committed before the effective date
of this Act is governed by the law in
effect on the date the offense was
committed, and the former law is continued in effect for that purpose. For
purposes of this section, an offense was committed before the effective
date of this Act if any element of the offense was committed before that
date.
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SECTION 9. This Act takes
effect September 1, 2013.
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SECTION 3. Same as introduced
version.
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