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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(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 2. Section 481.1151(b), Health and Safety Code, is |
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amended to 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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(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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SECTION 3. Section 481.116(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 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), 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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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), 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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(B) [(C)] under Section 481.121(b)(3), Health |
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and 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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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, 2015. |