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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 and eligibility for placement on community supervision or |
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on deferred adjudication community supervision for that offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. 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 and each prior |
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offense was committed within the 24-month period preceding the date |
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of the commission of the instant offense. For purposes of this |
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subsection, "offense involving the possession of marihuana" means |
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an offense under this section or an offense under the laws of |
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another state that contains elements substantially similar to the |
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elements of an offense under this section. |
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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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Chapter 42A, Code of Criminal Procedure. |
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SECTION 2. 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 3. 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), 481.1121(b)(2), (3), or (4), 481.113(c), (d), or (e), |
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481.114(c), (d), or (e), 481.115(c)-(f), 481.1151(b)(2), (3), (4), |
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or (5), 481.116(c), (d), or (e), 481.1161(b)(4), (5), or (6), |
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481.117(c), (d), or (e), 481.118(c), (d), or (e), 481.120(b)(4), |
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(5), or (6), or 481.121(b)(5), (6), or (7) [481.121(b)(4), (5), or
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(6)] is increased by five years and the maximum fine for the offense |
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is doubled 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 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), 481.1121(b)(1), 481.113(b), 481.114(b), 481.115(b), |
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481.1151(b)(1), 481.116(b), 481.1161(b)(3), 481.120(b)(3), or |
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481.121(b)(4) [481.121(b)(3)] is a felony of the third degree if it |
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is shown on 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 4. 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)(1) or (2) of that |
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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)(2) or (3) 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 5. Articles 42A.551(a) and (c), Code of Criminal |
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Procedure, are amended to read as follows: |
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(a) Except as otherwise provided by Subsection (b) or (c), |
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on conviction of a state jail felony under Section 481.115(b), |
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481.1151(b)(1), 481.116(b), 481.1161(b)(3), 481.121(b)(4) |
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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. |
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(c) Subsection (a) does not apply to a defendant who: |
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(1) under Section 481.1151(b)(1), Health and Safety |
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Code, possessed more than five abuse units of the controlled |
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substance; |
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(2) under Section 481.1161(b)(3), Health and Safety |
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Code, possessed more than one pound, by aggregate weight, including |
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adulterants or dilutants, of the controlled substance; or |
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(3) 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 6. Article 45.051, Code of Criminal Procedure, is |
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amended by adding Subsection (h) to read as follows: |
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(h) This subsection applies only to a defendant charged with |
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an offense under Section 481.121, Health and Safety Code, who is |
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granted a deferral under Subsection (a). In addition to any other |
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requirement, the judge shall, during the deferral period, require |
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that the defendant successfully complete a drug abuse awareness and |
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education program approved by the Department of State Health |
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Services. |
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SECTION 7. 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 8. This Act takes effect September 1, 2017. |