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A BILL TO BE ENTITLED
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AN ACT
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relating to the prosecution and punishment for possession of a |
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controlled substance listed in Penalty Group 2-A; increasing a |
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criminal penalty for possession of certain substances. |
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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 Subsection (c) to |
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read as follows: |
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(b) Except as provided by Subsection (c), an [An] offense |
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under this section is: |
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(1) 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; |
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(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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(3) a state jail felony if the amount of the controlled |
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substance possessed is, by aggregate weight, including adulterants |
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or dilutants, five pounds or less but more than four ounces; |
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(4) a felony of the third degree if the amount of the |
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controlled substance possessed is, by aggregate weight, including |
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adulterants or dilutants, 50 pounds or less but more than 5 pounds; |
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(5) a felony of the second degree if the amount of the |
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controlled substance possessed is, by aggregate weight, including |
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adulterants or dilutants, 2,000 pounds or less but more than 50 |
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pounds; and |
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(6) 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 5 years, and a fine not to exceed $50,000, if the amount |
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of the controlled substance possessed is, by aggregate weight, |
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including adulterants or dilutants, more than 2,000 pounds. |
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(c) If the controlled substance is in a powdered form, an |
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offense under this section is: |
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(1) a Class A misdemeanor if the amount of the |
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controlled substance possessed is, excluding any adulterants or |
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dilutants, two ounces or less; |
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(2) a state jail felony if the amount of the controlled |
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substance possessed is, excluding any adulterants or dilutants, |
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four ounces or less but more than two ounces; |
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(3) a felony of the third degree if the amount of the |
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controlled substance possessed is, excluding any adulterants or |
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dilutants, five pounds or less but more than four ounces; |
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(4) a felony of the second degree if the amount of the |
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controlled substance possessed is, excluding any adulterants or |
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dilutants, 50 pounds or less but more than 5 pounds; 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 5 years, and a fine not to exceed $50,000, if the amount |
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of the controlled substance possessed is, excluding any adulterants |
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or dilutants, more than 50 pounds. |
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SECTION 2. 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)(1) or (2) of that |
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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), (b)(2), or (c)(1) |
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[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)(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 3. Article 42A.551(a), Code of Criminal Procedure, |
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is 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) or (c)(2), |
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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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SECTION 4. Sections 481.134(c), (d), and (e), Health and |
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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), (b)(5), (b)(6), |
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(c)(3), (c)(4), or (c)(5) [(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)(4), (5), or (6) 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), 481.1121(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) or (c)(2), |
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481.120(b)(3), or 481.121(b)(3) is a felony of the third degree if |
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it is shown on the trial of the offense that the offense was |
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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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481.1161(b)(2) or (c)(1), 481.117(b), 481.119(a), 481.120(b)(2), |
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or 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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SECTION 5. 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 6. This Act takes effect September 1, 2017. |