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A BILL TO BE ENTITLED
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AN ACT
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relating to the criminal consequences for the manufacture, |
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delivery, or possession of certain small amounts of Penalty Group 1 |
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controlled substances. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 481.112(b), Health and Safety Code, is |
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amended to read as follows: |
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(b) An offense under Subsection (a) is a Class A misdemeanor |
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[state jail felony] if the amount of the controlled substance to |
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which the offense applies is, by aggregate weight, including |
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adulterants or dilutants, less than one gram. |
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SECTION 2. Section 481.115(b), Health and Safety Code, is |
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amended to read as follows: |
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(b) An offense under Subsection (a) is a Class A misdemeanor |
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[state jail felony] if the amount of the controlled substance |
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possessed is, by aggregate weight, including adulterants or |
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dilutants, less than one gram. |
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SECTION 3. Sections 481.134(b), (d), and (e), Health and |
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Safety Code, are amended to read as follows: |
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(b) An offense otherwise punishable as a state jail felony |
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under Section [481.112,] 481.113, 481.114, or 481.120 is punishable |
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as a felony of the third degree, and an offense otherwise punishable |
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as a felony of the second degree under any of those sections or |
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under Section 481.112 is punishable as a felony of the first degree, |
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if it is shown at the punishment phase of the trial of the offense |
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that the offense was committed: |
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(1) in, on, or within 1,000 feet of premises owned, |
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rented, or leased by an institution of higher learning, the |
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premises of a public or private youth center, or a playground; or |
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(2) in, on, or within 300 feet of the premises of a |
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public swimming pool or video arcade facility. |
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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),] 481.116(b), |
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481.1161(b)(3), 481.120(b)(3), or 481.121(b)(3) is a felony of the |
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third degree if it is shown on the trial of the offense that the |
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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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(e) An offense otherwise punishable under Section |
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481.112(b), 481.115(b), 481.117(b), 481.119(a), 481.120(b)(2), or |
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481.121(b)(2) is a state jail felony if it is shown on the trial of |
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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 4. Article 42.12, Code of Criminal Procedure, is |
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amended by adding Section 14A to read as follows: |
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Sec. 14A. MANDATORY DRUG TREATMENT PROGRAM. On conviction |
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of an offense under Section 481.112(b) or 481.115(b), Health and |
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Safety Code, unless the defendant has previously been convicted of |
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an offense under Section 481.112 or 481.115, Health and Safety |
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Code, the judge shall: |
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(1) suspend the imposition of the sentence and place |
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the defendant on community supervision; and |
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(2) order the defendant as a condition of community |
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supervision to participate in a drug treatment program approved by |
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the Department of State Health Services. |
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SECTION 5. 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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(a)(1) On conviction of a state jail felony under Section |
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[481.115(b),] 481.1151(b)(1), 481.116(b), 481.1161(b)(3), |
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481.121(b)(3), or 481.129(g)(1), Health and Safety Code, that is |
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punished under Section 12.35(a), Penal Code, the judge shall |
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suspend the imposition of the sentence and place the defendant on |
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community supervision, unless the defendant has previously been |
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convicted of a felony, other than a felony punished under Section |
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12.44(a), Penal Code, or unless the conviction resulted from an |
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adjudication of the guilt of a defendant previously placed on |
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deferred adjudication community supervision for the offense, in |
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which event the judge may suspend the imposition of the sentence and |
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place the defendant on community supervision or may order the |
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sentence to be executed. The provisions of this subdivision |
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requiring the judge to suspend the imposition of the sentence and |
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place the defendant on community supervision do not apply to a |
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defendant who: |
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(A) under Section 481.1151(b)(1), Health and |
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Safety Code, possessed more than five abuse units of the controlled |
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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 6. Section 15(d), Article 42.12, Code of Criminal |
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Procedure, is amended to read as follows: |
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(d) A judge may impose as a condition of community |
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supervision that a defendant submit at the beginning of the period |
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of community supervision to a term of confinement in a state jail |
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felony facility for a term of not less than 90 days or more than 180 |
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days, or a term of not less than 90 days or more than one year if the |
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defendant is convicted of an offense punishable as a state jail |
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felony under Section [481.112,] 481.1121, 481.113, or 481.120, |
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Health and Safety Code. A judge may not require a defendant to |
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submit to both the term of confinement authorized by this |
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subsection and a term of confinement under Section 5 or 12 of this |
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article. For the purposes of this subsection, a defendant |
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previously has been convicted of a felony regardless of whether the |
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sentence for the previous conviction was actually imposed or was |
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probated and suspended. |
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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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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense was |
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committed before that date. |
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SECTION 8. This Act takes effect September 1, 2013. |