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A BILL TO BE ENTITLED
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AN ACT
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relating to the penalties for possession of one ounce or less of |
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marihuana or a synthetic cannabinoid by certain defendants. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter D, Chapter 481, Health and Safety |
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Code, is amended by adding Section 481.109 to read as follows: |
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Sec. 481.109. REDUCTION OF PUNISHMENT FOR CERTAIN YOUTHFUL |
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DEFENDANTS. (a) A court shall punish a defendant who is convicted |
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of a Class B misdemeanor under Section 481.1161 or 481.121 by |
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imposing the punishment for a Class C misdemeanor if: |
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(1) the defendant was younger than 21 years of age at |
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the time of the commission of the offense; |
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(2) the amount of controlled substance or marihuana, |
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as appropriate, possessed by the defendant was, by aggregate |
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weight, including adulterants or dilutants, one ounce or less; |
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(3) the defendant has not been previously convicted of |
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an offense under Section 481.1161 or 481.121 or an offense under the |
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laws of another state that contains elements substantially similar |
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to the elements of an offense under either of those sections; and |
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(4) the defendant agrees to complete a drug abuse |
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awareness and education program approved by the Department of State |
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Health Services. |
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(b) Except as provided by Subsection (c), for purposes of |
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this chapter and other law, a defendant punished under this section |
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is considered to be convicted of a Class C misdemeanor, and the |
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conviction may not be used for purposes of enhancement. |
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(c) The court in which a defendant is punished under this |
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section retains jurisdiction for 180 days for the limited purpose |
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of determining whether the defendant has completed a drug abuse |
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awareness and education program described by Subsection (a)(4). On |
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a determination by the court that the defendant will not complete |
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the program in a timely fashion, the court shall impose the |
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punishment otherwise provided by Section 481.1161 or 481.121. |
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SECTION 2. The changes in law made by this Act apply only to |
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an offense committed on or after the effective date of this Act. An |
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offense committed before the effective date of this Act is governed |
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by the law in effect on the date the offense was committed, and the |
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former law is continued in effect for that purpose. For purposes of |
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this section, an offense was committed before the effective date of |
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this Act if any element of the offense was committed before that |
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date. |
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SECTION 3. This Act takes effect September 1, 2013. |