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A BILL TO BE ENTITLED
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AN ACT
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relating to the penalty for certain offenders for possession of a |
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small amount of certain controlled substances. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 481.115, Health and Safety Code, is |
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amended by amending Subsection (b) and adding Subsection (b-1) to |
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read as follows: |
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(b) Except as provided by Subsection (b-1), an [An] offense |
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under Subsection (a) is a Class A misdemeanor [state jail felony] if |
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the amount of the controlled substance possessed is, by aggregate |
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weight, including adulterants or dilutants, less than one gram. |
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(b-1) An offense under Subsection (a) is a state jail felony |
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if: |
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(1) the amount of the controlled substance possessed |
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is, by aggregate weight, including adulterants or dilutants, less |
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than one gram; and |
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(2) the person has been previously convicted of an |
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offense under this section or Section 481.1151, 481.116, 481.1161, |
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481.117, 481.118, or 481.121. |
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SECTION 2. Section 481.1151, Health and Safety Code, is |
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amended by amending Subsection (b) and adding Subsection (c) to |
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read as follows: |
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(b) An offense under this section is: |
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(1) a Class A misdemeanor [state jail felony] if the |
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number of abuse units of the controlled substance is fewer than 20, |
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except as provided by Subsection (c); |
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(2) a felony of the third degree if the number of abuse |
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units of the controlled substance is 20 or more but fewer than 80; |
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(3) a felony of the second degree if the number of |
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abuse units of the controlled substance is 80 or more but fewer than |
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4,000; |
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(4) a felony of the first degree if the number of abuse |
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units of the controlled substance is 4,000 or more but fewer than |
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8,000; and |
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(5) punishable by imprisonment in the Texas Department |
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of Criminal Justice for life or for a term of not more than 99 years |
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or less than 15 years and a fine not to exceed $250,000, if the |
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number of abuse units of the controlled substance is 8,000 or more. |
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(c) An offense under this section is a state jail felony if: |
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(1) the number of abuse units of the controlled |
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substance is fewer than 20; and |
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(2) the person has been previously convicted of an |
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offense under this section or Section 481.115, 481.116, 481.1161, |
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481.117, 481.118, or 481.121. |
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SECTION 3. Section 481.116, Health and Safety Code, is |
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amended by amending Subsection (b) and adding Subsection (b-1) to |
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read as follows: |
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(b) Except as provided by Subsection (b-1), an [An] offense |
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under Subsection (a) is a Class A misdemeanor [state jail felony] if |
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the amount of the controlled substance possessed is, by aggregate |
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weight, including adulterants or dilutants, less than one gram. |
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(b-1) An offense under Subsection (a) is a state jail felony |
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if: |
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(1) the amount of the controlled substance possessed |
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is, by aggregate weight, including adulterants or dilutants, less |
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than one gram; and |
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(2) the person has been previously convicted of an |
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offense under this section or Section 481.115, 481.1151, 481.1161, |
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481.117, 481.118, or 481.121. |
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SECTION 4. Section 481.134(d), Health and Safety Code, is |
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amended to read as follows: |
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(d) An offense otherwise punishable under Section |
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481.112(b), 481.113(b), 481.114(b), 481.115(b-1) [481.115(b)], |
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481.116(b-1) [481.116(b)], 481.1161(b)(3), 481.120(b)(3), or |
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481.121(b)(3) is a felony of the third degree if it is shown on the |
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trial of the offense that the offense was committed: |
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(1) in, on, or within 1,000 feet of any real property |
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that is owned, rented, or leased to a school or school board, the |
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premises of a public or private youth center, or a playground; or |
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(2) on a school bus. |
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SECTION 5. Section 11, Article 42.12, Code of Criminal |
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Procedure, is amended by adding Subsection (n) to read as follows: |
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(n) A judge who grants community supervision to a person |
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convicted of a Class A misdemeanor under Section 481.115(b), |
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481.1151(b)(1), 481.116(b), or 481.1161(b)(2), Health and Safety |
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Code, may require, as a condition of community supervision, that |
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the person successfully complete an educational program on |
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substance abuse awareness approved by the Department of State |
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Health Services. |
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SECTION 6. Section 15(a)(1), Article 42.12, Code of |
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Criminal Procedure, is amended to read as follows: |
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(1) On conviction of a state jail felony under Section |
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481.115(b-1) [481.115(b)], 481.1151(c) [481.1151(b)(1)], |
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481.116(b-1) [481.116(b)], 481.1161(b)(3), 481.121(b)(3), or |
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481.129(g)(1), Health and Safety Code, that is punished under |
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Section 12.35(a), Penal Code, the judge shall suspend the |
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imposition of the sentence and place the defendant on community |
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supervision, unless the defendant has previously been convicted of |
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a felony, other than a felony punished under Section 12.44(a), |
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Penal Code, or unless the conviction resulted from an adjudication |
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of the guilt of a defendant previously placed on deferred |
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adjudication community supervision for the offense, in which event |
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the judge may suspend the imposition of the sentence and place the |
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defendant on community supervision or may order the sentence to be |
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executed. The provisions of this subdivision requiring the judge |
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to suspend the imposition of the sentence and place the defendant on |
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community supervision do not apply to a defendant who: |
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(A) under Section 481.1151(c) [481.1151(b)(1)], |
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Health and Safety Code, possessed more than five abuse units of the |
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controlled substance; |
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(B) under Section 481.1161(b)(3), Health and |
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Safety Code, possessed more than one pound, by aggregate weight, |
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including adulterants or dilutants, of the controlled substance; or |
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(C) under Section 481.121(b)(3), Health and |
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Safety Code, possessed more than one pound of marihuana. |
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SECTION 7. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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covered by the law in effect when 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 8. This Act takes effect September 1, 2013. |