|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to the civil and criminal penalties for possession of |
|
certain small amounts of marihuana and an exception to prosecution |
|
for possession of associated drug paraphernalia; creating a |
|
criminal offense. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Section 481.121(b), Health and Safety Code, is |
|
amended to read as follows: |
|
(b) An offense under Subsection (a) is: |
|
(1) a Class B misdemeanor if the amount of marihuana |
|
possessed is two ounces or less but more than one ounce; |
|
(2) a Class A misdemeanor if the amount of marihuana |
|
possessed is four ounces or less but more than two ounces; |
|
(3) a state jail felony if the amount of marihuana |
|
possessed is five pounds or less but more than four ounces; |
|
(4) a felony of the third degree if the amount of |
|
marihuana possessed is 50 pounds or less but more than 5 pounds; |
|
(5) a felony of the second degree if the amount of |
|
marihuana possessed is 2,000 pounds or less but more than 50 pounds; |
|
and |
|
(6) punishable by imprisonment in the Texas Department |
|
of Criminal Justice for life or for a term of not more than 99 years |
|
or less than 5 years, and a fine not to exceed $50,000, if the amount |
|
of marihuana possessed is more than 2,000 pounds. |
|
SECTION 2. Subchapter D, Chapter 481, Health and Safety |
|
Code, is amended by adding Sections 481.1211 and 481.1212 to read as |
|
follows: |
|
Sec. 481.1211. CIVIL PENALTY: POSSESSION OF SMALL AMOUNT OF |
|
MARIHUANA. (a) Notwithstanding Section 481.121 and except as |
|
otherwise provided by Section 481.1212, a person who knowingly or |
|
intentionally possesses a usable quantity of marihuana in an amount |
|
that is one ounce or less does not commit an offense but is liable to |
|
the state for a civil penalty not to exceed $250. |
|
(b) The imposition of a civil penalty under this section is |
|
not a conviction and may not be considered a conviction for any |
|
purpose. |
|
Sec. 481.1212. OFFENSE: SUBSEQUENT POSSESSION OF SMALL |
|
AMOUNT OF MARIHUANA. (a) A person commits an offense if the person: |
|
(1) knowingly or intentionally possesses a usable |
|
quantity of marihuana in an amount that is one ounce or less; and |
|
(2) has previously been assessed a civil penalty three |
|
times under Section 481.1211. |
|
(b) An offense under this section is a Class C misdemeanor. |
|
SECTION 3. Section 481.125, Health and Safety Code, is |
|
amended by adding Subsection (g) to read as follows: |
|
(g) It is a defense to prosecution under this section that |
|
drug paraphernalia was knowingly or intentionally used, possessed, |
|
or delivered solely in furtherance of a violation of Section |
|
481.1211 or an offense under Section 481.1212. |
|
SECTION 4. Subchapter B, Chapter 45, Code of Criminal |
|
Procedure, is amended by adding Article 45.062 to read as follows: |
|
Art. 45.062. PROCEEDINGS FOR CERTAIN MARIHUANA POSSESSION |
|
VIOLATIONS AND OFFENSES. (a) A peace officer may not make an |
|
arrest solely because of a violation of Section 481.1211, Health |
|
and Safety Code, regardless of whether the person may be subject to |
|
prosecution under Section 481.1212 of that code. A peace officer |
|
may issue to a person a citation that contains written notice of the |
|
time and place the person must appear before a justice court, the |
|
name and address of the person charged, and the violation charged. |
|
The citation must notify the person that the person may be subject |
|
to prosecution for a Class C misdemeanor under Section 481.1212, |
|
Health and Safety Code, if the person has previously been assessed a |
|
civil penalty three times under Section 481.1211, Health and Safety |
|
Code. |
|
(b) The district or county attorney of the county in which |
|
the conduct described by Section 481.1211, Health and Safety Code, |
|
is alleged to have occurred may: |
|
(1) bring an action in the justice court of the county |
|
to collect the civil penalty of a person who receives a citation |
|
under this section; or |
|
(2) charge the person with an offense under Section |
|
481.1212, Health and Safety Code, if the person has previously been |
|
assessed a civil penalty three times under Section 481.1211 of that |
|
code. |
|
(c) Except as otherwise provided by this article, a civil |
|
action under this article for a violation of Section 481.1211, |
|
Health and Safety Code, shall be conducted in the manner provided by |
|
this chapter as if an offense were charged. |
|
(d) The court may not: |
|
(1) issue an arrest warrant under Article 45.014 for a |
|
violation of Section 481.1211, Health and Safety Code, or an |
|
offense under Section 481.1212 of that code; or |
|
(2) require the person who violates Section 481.1211, |
|
Health and Safety Code, or commits an offense under Section |
|
481.1212 of that code, to give bail under Article 45.016. |
|
(e) A citation issued under this article is considered to be |
|
a sufficient complaint for purposes of Articles 45.018 and 45.019 |
|
if the citation is filed with the court by a district or county |
|
attorney. |
|
(f) A person liable for a civil penalty under Section |
|
481.1211, Health and Safety Code, may not appeal under Article |
|
45.042. |
|
(g) Before imposing a civil penalty under Section 481.1211, |
|
Health and Safety Code, the court shall determine whether the |
|
person subject to the penalty is indigent. If the court determines |
|
the person is indigent, the court shall waive the penalty and may |
|
order the person to complete not more than 10 hours of community |
|
service. |
|
(h) Subsections (n), (p), and (q) apply to a person for whom |
|
a court waives a penalty under Subsection (g). |
|
(i) The court may waive or reduce the civil penalty for a |
|
person other than a person described by Subsection (g) if: |
|
(1) the person subject to a civil penalty under |
|
Section 481.1211, Health and Safety Code, attends a program that |
|
provides education in substance abuse and is approved by the |
|
Department of State Health Services, the Texas Department of |
|
Licensing and Regulation, or the Texas Department of Public Safety; |
|
or |
|
(2) the person performs not more than 10 hours of |
|
community service, as ordered by the court. |
|
(j) If during a proceeding for a violation of Section |
|
481.1211, Health and Safety Code, the court finds that the person |
|
has previously been assessed a civil penalty under that section one |
|
or two times, the court shall, in addition to assessing a civil |
|
penalty, order the person to attend a program that provides |
|
education in substance abuse and is approved by the Department of |
|
State Health Services, the Texas Department of Licensing and |
|
Regulation, or the Texas Department of Public Safety. |
|
(k) If during a proceeding for a violation of Section |
|
481.1211, Health and Safety Code, the court finds that the person |
|
has previously been assessed a civil penalty under that section |
|
three times, the court shall suspend the proceedings and notify the |
|
appropriate prosecuting attorney so that the person may be charged |
|
with an offense under Section 481.1212, Health and Safety Code. |
|
(l) On a plea of guilty or nolo contendere for an offense |
|
under Section 481.1212, Health and Safety Code, by a defendant and |
|
payment of all court costs, the judge shall defer further |
|
proceedings without entering an adjudication of guilt and place the |
|
defendant on probation under the provisions of Article 45.051. |
|
(m) The court may issue a capias for the arrest of a person |
|
who fails to appear or to make payment, as directed by a citation |
|
issued under this section. |
|
(n) Law enforcement may seize any marihuana in possession of |
|
a person subject to a civil penalty under Section 481.1211, Health |
|
and Safety Code, or subject to prosecution under Section 481.1212 |
|
of that code. If marihuana is seized under this article in |
|
connection with a violation of Section 481.1211, Health and Safety |
|
Code, law enforcement shall preserve the marihuana as if the |
|
marihuana were evidence of an offense under Section 481.1212, |
|
Health and Safety Code, pending the final resolution of a civil |
|
proceeding under this article. After final resolution of a civil |
|
proceeding under this article, any marihuana seized is subject to |
|
forfeiture and shall be disposed of in accordance with Section |
|
481.159, Health and Safety Code. |
|
(o) This article does not affect the authority of a peace |
|
officer to conduct a search or seize marihuana or other property as |
|
contraband under Chapter 18 or 59 or other law. |
|
(p) The identity of a person cited for a violation of |
|
Section 481.1211, Health and Safety Code, is confidential |
|
information and may not be disclosed to the public unless the person |
|
is charged with an offense under Section 481.1212, Health and |
|
Safety Code, in connection with that citation. |
|
(q) The identity of a person found liable for a civil |
|
penalty under Section 481.1211, Health and Safety Code, is |
|
confidential information and may not be disclosed to the public. |
|
SECTION 5. Section 51.03(a), Family Code, is amended to |
|
read as follows: |
|
(a) Delinquent conduct is: |
|
(1) conduct, other than a traffic offense, that |
|
violates a penal law of this state or of the United States |
|
punishable by imprisonment or by confinement in jail; |
|
(2) conduct that violates a lawful order of a court |
|
under circumstances that would constitute contempt of that court |
|
in: |
|
(A) a justice or municipal court; |
|
(B) a county court for conduct punishable only by |
|
a fine; or |
|
(C) a truancy court; |
|
(3) conduct that violates Section 49.04, 49.05, 49.06, |
|
49.07, or 49.08, Penal Code; [or] |
|
(4) conduct that violates Section 106.041, Alcoholic |
|
Beverage Code, relating to driving under the influence of alcohol |
|
by a minor (third or subsequent offense); or |
|
(5) conduct for which a person is subject to a civil |
|
penalty under Section 481.1211, Health and Safety Code, or that |
|
violates Section 481.1212 of that code. |
|
SECTION 6. Section 118.124, Local Government Code, is |
|
amended to read as follows: |
|
Sec. 118.124. PROHIBITED FEES. A justice of the peace is |
|
not entitled to a fee for: |
|
(1) the examination of a paper or record in the |
|
justice's office; |
|
(2) filing any process or document the justice issues |
|
that is returned to court; |
|
(3) a motion or judgment on a motion for security for |
|
costs; |
|
(4) taking or approving a bond for costs; [or] |
|
(5) the first copy of a document in a criminal case |
|
issued to: |
|
(A) a criminal defendant in the case; |
|
(B) an attorney representing a criminal |
|
defendant in the case; or |
|
(C) a prosecuting attorney; or |
|
(6) the filing of a civil action by the state under |
|
Section 481.1211, Health and Safety Code. |
|
SECTION 7. The changes in law made by this Act apply only to |
|
a violation of law that occurs on or after the effective date of |
|
this Act. A violation that occurs before the effective date of this |
|
Act is governed by the law in effect on the date the violation |
|
occurred, and the former law is continued in effect for that |
|
purpose. For purposes of this section, a violation of law occurred |
|
before the effective date of this Act if any element of the |
|
violation occurred before that date. |
|
SECTION 8. This Act takes effect September 1, 2019. |