| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the punishment for possession of a small amount of a |
|
|
substance in Penalty Group 1 under the Texas Controlled Substances |
|
|
Act. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Sections 481.115(b) and (c), Health and Safety |
|
|
Code, are amended to read as follows: |
|
|
(b) An offense under Subsection (a) is a Class A misdemeanor |
|
|
[state jail felony] if the amount of the controlled substance |
|
|
possessed is, by aggregate weight, including adulterants or |
|
|
dilutants, less than one gram. |
|
|
(c) An offense under Subsection (a) is a state jail felony |
|
|
[of the third degree] if the amount of the controlled substance |
|
|
possessed is, by aggregate weight, including adulterants or |
|
|
dilutants, one gram or more but less than four grams. |
|
|
SECTION 2. Sections 481.134(c), (d), and (e), Health and |
|
|
Safety Code, are amended to read as follows: |
|
|
(c) The minimum term of confinement or imprisonment for an |
|
|
offense otherwise punishable under Section 481.112(c), (d), (e), or |
|
|
(f), 481.1121(b)(2), (3), or (4), 481.113(c), (d), or (e), |
|
|
481.114(c), (d), or (e), 481.115(d), (e), or (f) [481.115(c)-(f)], |
|
|
481.1151(b)(2), (3), (4), or (5), 481.116(c), (d), or (e), |
|
|
481.1161(b)(4), (5), or (6), 481.117(c), (d), or (e), 481.118(c), |
|
|
(d), or (e), 481.120(b)(4), (5), or (6), or 481.121(b)(4), (5), or |
|
|
(6) is increased by five years and the maximum fine for the offense |
|
|
is doubled if it is shown on the trial of the offense that the |
|
|
offense was committed: |
|
|
(1) in, on, or within 1,000 feet of the premises of a |
|
|
school, the premises of a public or private youth center, or a |
|
|
playground; or |
|
|
(2) on a school bus. |
|
|
(d) An offense otherwise punishable under Section |
|
|
481.112(b), 481.1121(b)(1), 481.113(b), 481.114(b), 481.115(c) |
|
|
[481.115(b)], 481.1151(b)(1), 481.116(b), 481.1161(b)(3), |
|
|
481.120(b)(3), or 481.121(b)(3) is a felony of the third degree if |
|
|
it is shown on the trial of the offense that the offense was |
|
|
committed: |
|
|
(1) in, on, or within 1,000 feet of any real property |
|
|
that is owned, rented, or leased to a school or school board, the |
|
|
premises of a public or private youth center, or a playground; or |
|
|
(2) on a school bus. |
|
|
(e) An offense otherwise punishable under Section |
|
|
481.115(b), 481.117(b), 481.119(a), 481.120(b)(2), or |
|
|
481.121(b)(2) is a state jail felony if it is shown on the trial of |
|
|
the offense that the offense was committed: |
|
|
(1) in, on, or within 1,000 feet of any real property |
|
|
that is owned, rented, or leased to a school or school board, the |
|
|
premises of a public or private youth center, or a playground; or |
|
|
(2) on a school bus. |
|
|
SECTION 3. Article 42A.551(a), Code of Criminal Procedure, |
|
|
is amended to read as follows: |
|
|
(a) Except as otherwise provided by Subsection (b) or (c), |
|
|
on conviction of a state jail felony under Section 481.115(c) |
|
|
[481.115(b)], 481.1151(b)(1), 481.116(b), 481.1161(b)(3), |
|
|
481.121(b)(3), or 481.129(g)(1), Health and Safety Code, that is |
|
|
punished under Section 12.35(a), Penal Code, the judge shall |
|
|
suspend the imposition of the sentence and place the defendant on |
|
|
community supervision. |
|
|
SECTION 4. (a) Except as provided by Subsection (b) of this |
|
|
section: |
|
|
(1) the change in law made by this Act applies only to |
|
|
an offense committed on or after the effective date of this Act; and |
|
|
(2) 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. |
|
|
(b) In a criminal action pending on or commenced on or after |
|
|
the effective date of this Act, for an offense under Section |
|
|
481.115(b) or (c), Health and Safety Code, committed before the |
|
|
effective date, the defendant, if adjudged guilty, shall be |
|
|
assessed punishment under Section 481.115(b) or (c), Health and |
|
|
Safety Code, as amended by this Act, if the defendant so elects by |
|
|
written motion filed with the trial court before the sentencing |
|
|
hearing begins. |
|
|
(c) 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 5. This Act takes effect September 1, 2017. |