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A BILL TO BE ENTITLED
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AN ACT
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relating to citations and participation in pretrial diversion for |
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misdemeanor possession of marihuana. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 14.06, Code of Criminal Procedure, is |
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amended by amending Subsection (d) and adding Subsections (e) and |
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(f) 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 |
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the 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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(e) A peace officer who is charging a person with committing |
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an offense under Section 481.121, Health and Safety Code, that is |
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punishable under Subsection (b)(1) or (2) of that section shall, |
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instead of taking the person before a magistrate, issue a citation |
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to the person that contains written notice of the time and place the |
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person must appear before a magistrate of this state as described by |
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Subsection (a), the name and address of the person charged, and the |
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offense charged. The time for appearance may not be before the |
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seventh day after the issuance of the citation. |
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(f) A citation issued under Subsection (e) must contain in |
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addition to the information required by Subsection (e) a written |
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statement notifying the person that if the person contacts the |
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magistrate in person or by telephone not later than 72 hours after |
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the issuance of the citation, the person is entitled to participate |
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in a substance abuse prevention course and on completion of the |
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course is entitled to dismissal of the charge. |
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SECTION 2. Chapter 32, Code of Criminal Procedure, is |
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amended by adding Article 32.03 to read as follows: |
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Art. 32.03. DISMISSAL FOR MISDEMEANOR MARIHUANA |
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POSSESSION. (a) A person who receives a citation under Article |
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14.06(e) and contacts the magistrate named in the citation within |
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the period described by Subsection (f) of that article is entitled |
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to a dismissal of the charge if the person provides to the |
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magistrate not later than the 30th day after the issuance of the |
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citation proof of completion of a substance abuse prevention course |
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described by Subsection (b). |
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(b) The Texas Department of Licensing and Regulation shall |
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create a list of providers in each county in this state who provide |
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a substance abuse prevention course that is appropriate for the |
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purposes of this article. The department shall also create a list |
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of Internet providers who provide appropriate courses. A course |
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may be listed by the department only if the course does not exceed |
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four hours in length. |
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SECTION 3. 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 4. This Act takes effect September 1, 2017. |