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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. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 481.1161, Health and Safety Code, is |
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amended by amending Subsection (b) and adding Subsections (c) and |
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(d) to read as follows: |
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(b) An offense under this section is: |
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(1) a Class C misdemeanor if the amount of controlled |
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substance possessed is, by aggregate weight, including adulterants |
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or dilutants, one ounce or less, except as provided by Subsection |
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(c); |
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(2) a Class B misdemeanor if the amount of the |
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controlled substance possessed is, by aggregate weight, including |
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adulterants or dilutants, two ounces or less but more than one |
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ounce; |
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(3) [(2)] a Class A misdemeanor if the amount of the |
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controlled substance possessed is, by aggregate weight, including |
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adulterants or dilutants, four ounces or less but more than two |
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ounces; |
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(4) [(3)] a state jail felony if the amount of the |
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controlled substance possessed is, by aggregate weight, including |
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adulterants or dilutants, five pounds or less but more than four |
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ounces; |
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(5) [(4)] a felony of the third degree if the amount of |
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the controlled substance possessed is, by aggregate weight, |
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including adulterants or dilutants, 50 pounds or less but more than |
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5 pounds; |
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(6) [(5)] a felony of the second degree if the amount |
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of the controlled substance possessed is, by aggregate weight, |
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including adulterants or dilutants, 2,000 pounds or less but more |
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than 50 pounds; and |
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(7) [(6)] punishable by imprisonment in the Texas |
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Department of Criminal Justice for life or for a term of not more |
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than 99 years or less than 5 years, and a fine not to exceed $50,000, |
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if the amount of the controlled substance possessed is, by |
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aggregate weight, including adulterants or dilutants, more than |
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2,000 pounds. |
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(c) An offense under Subsection (b)(1) is a Class B |
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misdemeanor if it is shown on the trial of the offense that the |
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defendant has been previously convicted three or more times of an |
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offense involving the possession of marihuana or a synthetic |
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cannabinoid and each prior offense was committed within the |
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24-month period preceding the date of the commission of the instant |
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offense. For purposes of this subsection, "offense involving the |
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possession of marihuana or a synthetic cannabinoid" means an |
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offense under this section or Section 481.121 or an offense under |
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the laws of another state that contains elements substantially |
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similar to the elements of an offense under either of those |
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sections. |
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(d) A defendant convicted of an offense punishable under |
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Subsection (c) is not eligible for community supervision under |
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Article 42.12, Code of Criminal Procedure. |
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SECTION 2. Section 481.121, Health and Safety Code, is |
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amended by amending Subsection (b) and adding Subsections (c) and |
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(d) to read as follows: |
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(b) An offense under Subsection (a) is: |
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(1) a Class C misdemeanor if the amount of marihuana |
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possessed is one ounce or less, except as provided by Subsection |
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(c); |
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(2) a Class B misdemeanor if the amount of marihuana |
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possessed is two ounces or less but more than one ounce; |
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(3) [(2)] a Class A misdemeanor if the amount of |
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marihuana possessed is four ounces or less but more than two ounces; |
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(4) [(3)] a state jail felony if the amount of |
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marihuana possessed is five pounds or less but more than four |
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ounces; |
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(5) [(4)] a felony of the third degree if the amount of |
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marihuana possessed is 50 pounds or less but more than 5 pounds; |
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(6) [(5)] a felony of the second degree if the amount |
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of marihuana possessed is 2,000 pounds or less but more than 50 |
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pounds; and |
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(7) [(6)] punishable by imprisonment in the Texas |
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Department of Criminal Justice for life or for a term of not more |
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than 99 years or less than 5 years, and a fine not to exceed $50,000, |
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if the amount of marihuana possessed is more than 2,000 pounds. |
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(c) An offense under Subsection (b)(1) is a Class B |
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misdemeanor if it is shown on the trial of the offense that the |
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defendant has been previously convicted three or more times of an |
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offense involving the possession of marihuana or a synthetic |
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cannabinoid and each prior offense was committed within the |
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24-month period preceding the date of the commission of the instant |
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offense. For purposes of this subsection, "offense involving the |
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possession of marihuana or a synthetic cannabinoid" means an |
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offense under this section or Section 481.1161 or an offense under |
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the laws of another state that contains elements substantially |
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similar to the elements of an offense under either of those |
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sections. |
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(d) A defendant convicted of an offense punishable under |
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Subsection (c) is not eligible for community supervision under |
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Article 42.12, Code of Criminal Procedure. |
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SECTION 3. Section 481.126(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) A person commits an offense if the person: |
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(1) barters property or expends funds the person knows |
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are derived from the commission of an offense under this chapter |
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punishable by imprisonment in the Texas Department of Criminal |
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Justice for life; |
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(2) barters property or expends funds the person knows |
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are derived from the commission of an offense under Section |
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481.121(a) that is punishable under Section 481.121(b)(6) |
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[481.121(b)(5)]; |
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(3) barters property or finances or invests funds the |
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person knows or believes are intended to further the commission of |
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an offense for which the punishment is described by Subdivision |
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(1); or |
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(4) barters property or finances or invests funds the |
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person knows or believes are intended to further the commission of |
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an offense under Section 481.121(a) that is punishable under |
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Section 481.121(b)(6) [481.121(b)(5)]. |
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SECTION 4. Sections 481.134(c), (d), (e), and (f), Health |
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and Safety Code, are amended to read as follows: |
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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)(5), (6), or |
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(7) [481.1161(b)(4), (5), or (6)], 481.117(c), (d), or (e), |
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481.118(c), (d), or (e), 481.120(b)(4), (5), or (6), or |
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481.121(b)(5), (6), or (7) [481.121(b)(4), (5), or (6)] is |
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increased by five years and the maximum fine for the offense is |
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doubled if it is shown on the trial of the offense that the offense |
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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)(4) [481.1161(b)(3)], 481.120(b)(3), or 481.121(b)(4) |
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[481.121(b)(3)] is a felony of the third degree if it is shown on |
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the 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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(e) An offense otherwise punishable under Section |
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481.117(b), 481.119(a), 481.120(b)(2), or 481.121(b)(3) |
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[481.121(b)(2)] is a state jail felony 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 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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(f) An offense otherwise punishable under Section |
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481.118(b), 481.119(b), 481.120(b)(1), or 481.121(b)(1), (b)(2), |
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or (c) is a Class A misdemeanor if it is shown on the trial of the |
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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. Article 14.06(d), Code of Criminal Procedure, is |
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amended to read as follows: |
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(d) Subsection (c) applies only to a person charged with |
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committing an offense under: |
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(1) Section 481.121, Health and Safety Code, if the |
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offense is punishable under Subsection (b)(2), (b)(3), or (c) |
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[(b)(1) or (2)] of that section; |
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(1-a) Section 481.1161, Health and Safety Code, if the |
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offense is punishable under Subsection (b)(2), (b)(3), or (c) |
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[(b)(1) or (2)] of that section; |
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(2) Section 28.03, Penal Code, if the offense is |
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punishable under Subsection (b)(2) of that section; |
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(3) Section 28.08, Penal Code, if the offense is |
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punishable under Subsection (b)(1) of that section; |
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(4) Section 31.03, Penal Code, if the offense is |
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punishable under Subsection (e)(2)(A) of that section; |
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(5) Section 31.04, Penal Code, if the offense is |
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punishable under Subsection (e)(2) of that section; |
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(6) Section 38.114, Penal Code, if the offense is |
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punishable as a Class B misdemeanor; or |
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(7) Section 521.457, Transportation Code. |
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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)(4) |
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[481.1161(b)(3)], 481.121(b)(4) [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(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)(4) |
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[481.1161(b)(3)], Health and Safety Code, possessed more than one |
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pound, by aggregate weight, including adulterants or dilutants, of |
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the controlled substance; or |
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(C) under Section 481.121(b)(4) [481.121(b)(3)], |
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Health and Safety Code, possessed more than one pound of marihuana. |
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SECTION 7. Article 45.051, Code of Criminal Procedure, is |
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amended by adding Subsection (g) to read as follows: |
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(g) This subsection applies only to a defendant charged with |
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an offense under Section 481.1161 or 481.121, Health and Safety |
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Code, who is granted a deferral under Subsection (a). In addition |
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to any other requirement, the judge shall, during the deferral |
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period, require that the defendant successfully complete a drug |
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abuse awareness and education program approved by the Department of |
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State Health Services. |
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SECTION 8. 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 9. This Act takes effect September 1, 2015. |