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A BILL TO BE ENTITLED
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AN ACT
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relating to the penalties for the production or delivery of |
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marihuana plants. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. 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, or |
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481.1211, Health and Safety Code. A judge may not require a |
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defendant to submit to both the term of confinement authorized by |
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this subsection and a term of confinement under Section 5 or 12 of |
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this 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 2. Section 481.002, Health and Safety Code, is |
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amended by adding Subdivision (54) to read as follows: |
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(54) "Marihuana plant" means a single specimen of the |
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organism Cannabis sativa L. having leaves and a readily observable |
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root formation, including a root ball or root hairs. |
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SECTION 3. Subchapter D, Chapter 481, Health and Safety |
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Code, is amended by adding Section 481.1211 to read as follows: |
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Sec. 481.1211. OFFENSE: PRODUCTION OR DELIVERY OF MARIHUANA |
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PLANT. (a) A person commits an offense if the person produces, |
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delivers, or possesses with the intent to produce or deliver 10 or |
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more marihuana plants, regardless of the weight or size of each |
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plant. |
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(b) An offense under Subsection (a) is: |
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(1) a state jail felony if the number of plants is 10 |
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or more but fewer than 25; |
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(2) a felony of the third degree if the number of |
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plants is 25 or more but fewer than 100; |
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(3) a felony of the second degree if the number of |
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plants is 100 or more but fewer than 500; |
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(4) a felony of the first degree if the number of |
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plants is 500 or more but fewer than 1,000; 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 10 years, and a fine not to exceed $100,000, if the |
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number of plants is 1,000 or more. |
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(c) If conduct that is an offense under this section is also |
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an offense under another section of this chapter, the actor may be |
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prosecuted under either section or both. |
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SECTION 4. Sections 481.134(b), (c), and (d), 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, or 481.1211 |
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is punishable as a felony of the third degree, and an offense |
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otherwise punishable as a felony of the second degree under any of |
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those sections is punishable as a felony of the first degree, if it |
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is shown at the punishment phase of the trial of the offense that |
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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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(c) The minimum term of confinement or imprisonment for an |
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offense otherwise punishable under Section 481.112(c), (d), (e), or |
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(f), 481.113(c), (d), or (e), 481.114(c), (d), or (e), |
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481.115(c)-(f), 481.116(c), (d), or (e), 481.1161(b)(4), (5), or |
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(6), 481.117(c), (d), or (e), 481.118(c), (d), or (e), |
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481.120(b)(4), (5), or (6), [or] 481.121(b)(4), (5), or (6), or |
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481.1211(b)(2), (3), (4), or (5) is increased by five years and the |
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maximum fine for the offense is doubled if it is shown on the trial |
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of the offense that the offense was committed: |
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(1) in, on, or within 1,000 feet of the premises of a |
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school, the premises of a public or private youth center, or a |
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playground; or |
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(2) on a school bus. |
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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), or |
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481.1211(b)(1) 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 481.140(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) If it is shown at the punishment phase of the trial of an |
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offense otherwise punishable as a state jail felony, felony of the |
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third degree, or felony of the second degree under Section 481.112, |
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481.1121, 481.113, 481.114, 481.120, 481.1211, or 481.122 that the |
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defendant used or attempted to use a child younger than 18 years of |
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age to commit or assist in the commission of the offense, the |
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punishment is increased by one degree, unless the defendant used or |
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threatened to use force against the child or another to gain the |
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child's assistance, in which event the punishment for the offense |
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is a felony of the first degree. |
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SECTION 6. 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 occurred |
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before that date. |
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SECTION 7. This Act takes effect September 1, 2013. |