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A BILL TO BE ENTITLED
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AN ACT
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relating to reducing the penalty for certain offenders for |
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possession of a small amount of certain controlled substances; |
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creating a dedicated account. |
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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, a usable quantity that |
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is more than 0.02 grams but less than one gram. |
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(b-1) An offense under Subsection (b) is a state jail felony |
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if the person has been previously convicted of an offense listed in |
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Section 3g(a)(1), Article 42.12, Code of Criminal Procedure. |
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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) except as provided by Subsection (c), a Class A |
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misdemeanor [state jail felony] if the number of abuse units of the |
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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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(c) An offense under Subsection (b)(1) is a state jail |
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felony if the person has been previously convicted of an offense |
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listed in Section 3g(a)(1), Article 42.12, Code of Criminal |
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Procedure. |
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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, a usable quantity that |
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is more than 0.02 grams but less than one gram. |
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(b-1) An offense under Subsection (b) is a state jail felony |
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if the person has been previously convicted of an offense listed in |
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Section 3g(a)(1), Article 42.12, Code of Criminal Procedure. |
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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. Chapter 481, Health and Safety Code, is amended |
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by adding Subchapter J to read as follows: |
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SUBCHAPTER J. DISPOSITION OF SAVINGS RELATED TO PENALTIES FOR |
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CERTAIN CONTROLLED SUBSTANCE OFFENSES |
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Sec. 481.401. ACCOUNT. The safe neighborhoods and schools |
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account is a dedicated account in the general revenue fund. |
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Sec. 481.402. FUNDING SOURCE. (a) The comptroller shall |
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determine the amount of money saved as a result of the passage of |
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the Act of the 84th Legislature, Regular Session, 2015, that |
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reduces the penalties for certain persons convicted of offenses |
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under Sections 481.115, 481.1151, and 481.116. |
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(b) The comptroller shall deposit the amount determined |
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under Subsection (a) into the safe neighborhoods and schools |
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account as follows: |
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(1) 25 percent to the education subaccount in the |
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account; |
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(2) 10 percent to the victim compensation subaccount |
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in the account; and |
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(3) 65 percent to the corrections subaccount in the |
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account. |
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Sec. 481.403. EDUCATION SUBACCOUNT. Money in the education |
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subaccount of the safe neighborhoods and schools account may be |
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appropriated only to the Texas Education Agency to provide grants |
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to programs that are designed to improve outcomes for public school |
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students by reducing truancy and supporting students who are at |
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risk of dropping out of school or are victims of crime. |
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Sec. 481.404. VICTIM COMPENSATION SUBACCOUNT. Money in the |
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victim compensation subaccount of the safe neighborhoods and |
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schools account may be appropriated only to the victim services |
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division of the Texas Department of Criminal Justice to provide |
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grants for programs that assist victims of crime. |
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Sec. 481.405. CORRECTIONS SUBACCOUNT. Money in the |
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corrections subaccount of the safe neighborhoods and schools |
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account may be appropriated only to the community justice |
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assistance division of the Texas Department of Criminal Justice to |
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provide grants for: |
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(1) programs providing mental health treatment or |
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substance abuse treatment for persons in the criminal justice |
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system; |
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(2) pretrial intervention programs for persons in the |
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criminal justice system; and |
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(3) programs to reduce recidivism of: |
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(A) persons convicted of misdemeanor offenses; |
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and |
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(B) persons with mental health or substance abuse |
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issues who are in the criminal justice system. |
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Sec. 481.406. INTEREST ON ACCOUNT. Section 403.071, |
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Government Code, does not apply to the safe neighborhoods and |
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schools account. |
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SECTION 8. 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 9. This Act takes effect September 1, 2015. |