85R12615 GCB-D

By: Dutton H.B. No. 2940

A BILL TO BE ENTITLED

AN ACT

relating to citations and participation in pretrial diversion for misdemeanor possession of marihuana.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Article 14.06, Code of Criminal Procedure, is amended by amending Subsection (d) and adding Subsections (e) and (f) to read as follows:

(d) Subsection (c) applies only to a person charged with committing an offense under:

(1) [Section 481.121, Health and Safety Code, if the offense is punishable under Subsection (b)(1) or (2) of that section;

[(1-a)] Section 481.1161, Health and Safety Code, if the offense is punishable under Subsection (b)(1) or (2) of that section;

(2) Section 28.03, Penal Code, if the offense is punishable under Subsection (b)(2) of that section;

(3) Section 28.08, Penal Code, if the offense is punishable under Subsection (b)(2) or (3) of that section;

(4) Section 31.03, Penal Code, if the offense is punishable under Subsection (e)(2)(A) of that section;

(5) Section 31.04, Penal Code, if the offense is punishable under Subsection (e)(2) of that section;

(6) Section 38.114, Penal Code, if the offense is punishable as a Class B misdemeanor; or

(7) Section 521.457, Transportation Code.

(e) A peace officer who is charging a person with committing an offense under Section 481.121, Health and Safety Code, that is punishable under Subsection (b)(1) or (2) of that section shall, instead of taking the person before a magistrate, issue a citation to the person that contains written notice of the time and place the person must appear before a magistrate of this state as described by Subsection (a), the name and address of the person charged, and the offense charged. The time for appearance may not be before the seventh day after the issuance of the citation.

(f) A citation issued under Subsection (e) must contain in addition to the information required by Subsection (e) a written statement notifying the person that if the person contacts the magistrate in person or by telephone not later than 72 hours after the issuance of the citation, the person is entitled to participate in a substance abuse prevention course and on completion of the course is entitled to dismissal of the charge.

SECTION 2. Chapter 32, Code of Criminal Procedure, is amended by adding Article 32.03 to read as follows:

Art. 32.03. DISMISSAL FOR MISDEMEANOR MARIHUANA POSSESSION. (a) A person who receives a citation under Article 14.06(e) and contacts the magistrate named in the citation within the period described by Subsection (f) of that article is entitled to a dismissal of the charge if the person provides to the magistrate not later than the 30th day after the issuance of the citation proof of completion of a substance abuse prevention course described by Subsection (b).

(b) The Texas Department of Licensing and Regulation shall create a list of providers in each county in this state who provide a substance abuse prevention course that is appropriate for the purposes of this article. The department shall also create a list of Internet providers who provide appropriate courses. A course may be listed by the department only if the course does not exceed four hours in length.

SECTION 3. The change in law made by this Act applies only to an offense committed on or after the effective date of this Act. An offense committed before the effective date of this Act is governed by the law in effect on the date the offense was committed, and the former law is continued in effect for that purpose. For purposes of this section, an offense was committed before the effective date of this Act if any element of the offense occurred before that date.

SECTION 4. This Act takes effect September 1, 2017.