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A BILL TO BE ENTITLED
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AN ACT
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relating to the criminal and licensing consequences of certain |
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marihuana possession and drug paraphernalia possession offenses; |
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imposing a fee. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 481.121(b), Health and Safety Code, is |
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amended to read as follows: |
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(b) An offense under Subsection (a) is: |
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(1) a Class C misdemeanor if the amount of marihuana |
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possessed is one ounce or less; |
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(1-a) a Class B misdemeanor if the amount of marihuana |
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possessed is two ounces or less but more than one ounce; |
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(2) a Class A misdemeanor if the amount of marihuana |
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possessed is four ounces or less but more than two ounces; |
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(3) a state jail felony if the amount of marihuana |
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possessed is five pounds or less but more than four ounces; |
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(4) a felony of the third degree if the amount of |
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marihuana possessed is 50 pounds or less but more than 5 pounds; |
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(5) a felony of the second degree if the amount of |
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marihuana possessed is 2,000 pounds or less but more than 50 pounds; |
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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 marihuana possessed is more than 2,000 pounds. |
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SECTION 2. Article 14.06, Code of Criminal Procedure, is |
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amended by adding Subsections (b-1) and (b-2) and amending |
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Subsection (d) to read as follows: |
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(b-1) A peace officer who is charging a person with |
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committing an offense under Section 481.121(b)(1) or 481.125(a), |
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Health and Safety Code, may not arrest the person and shall issue |
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the person a citation as provided by Subsection (b). |
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(b-2) Subsection (b-1) does not apply to an officer making |
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an arrest for an offense other than an offense under Section |
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481.121(b)(1) or 481.125(a), Health and Safety Code. |
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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-a) [(b)(1)] or (2) of |
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that 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) 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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SECTION 3. Subchapter B, Chapter 45, Code of Criminal |
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Procedure, is amended by adding Article 45.02161 to read as |
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follows: |
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Art. 45.02161. EXPUNCTION OF CERTAIN RECORDS. (a) This |
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article applies only to a person charged with an offense under |
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Section 481.121(b)(1) or 481.125(a), Health and Safety Code. |
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(b) Records of a person relating to a complaint may be |
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expunged under this article if: |
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(1) the complaint was dismissed under Article 45.051 |
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or 45.052 or other law and: |
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(A) at least 180 days have elapsed from the date |
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of the dismissal; or |
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(B) at least one year has elapsed from the date of |
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the citation; or |
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(2) the person was acquitted of the offense. |
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(c) The person must make a written request to have the |
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records expunged. The request must be under oath. |
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(d) The court shall order all complaints, verdicts, |
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sentences, and prosecutorial and law enforcement records and any |
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other documents relating to the offense expunged from the person's |
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record if the court finds that the person satisfies the |
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requirements of this article. |
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(e) The justice or municipal court shall require a person |
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who requests expungement under this article to pay a fee in the |
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amount of $30 to defray the cost of notifying state agencies of |
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orders of expungement under this article. |
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(f) The procedures for expunction provided under this |
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article are separate and distinct from the expunction procedures |
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under Chapter 55. |
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SECTION 4. Article 45.051, Code of Criminal Procedure, is |
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amended by adding Subsections (a-2) and (e-1) to read as follows: |
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(a-2) Unless the defendant has previously received a |
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deferral of disposition for an offense under Section 481.121(b)(1) |
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or 481.125(a), Health and Safety Code, committed within the |
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12-month period preceding the date of the commission of the instant |
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offense, on plea of guilty or nolo contendere for either offense, |
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the judge shall defer further proceedings without entering an |
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adjudication of guilt and place the defendant on probation under |
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the provisions of this article. |
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(e-1) A court that dismisses a complaint under this article |
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for a person charged with an offense under Section 481.121(b)(1) or |
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481.125(a), Health and Safety Code, shall notify the defendant in |
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writing of the person's expunction rights under Article 45.02161 |
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and provide the person with a copy of that article. The dismissed |
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complaint is not a conviction and may not be used against the person |
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for any purpose. |
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SECTION 5. Section 411.0728(a), Government Code, is amended |
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to read as follows: |
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(a) This section applies only to a person: |
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(1) who is convicted of or placed on deferred |
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adjudication community supervision for an offense under: |
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(A) Section 481.120, Health and Safety Code, if |
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the offense is punishable under Subsection (b)(1); |
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(B) Section 481.121, Health and Safety Code, if |
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the offense is punishable under Subsection (b)(1-a) [(b)(1)]; |
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(C) Section 31.03, Penal Code, if the offense is |
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punishable under Subsection (e)(1) or (2); or |
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(D) Section 43.02, Penal Code; and |
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(2) who, if requested by the applicable law |
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enforcement agency or prosecuting attorney to provide assistance in |
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the investigation or prosecution of an offense under Section |
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20A.02, 20A.03, or 43.05, Penal Code, or a federal offense |
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containing elements that are substantially similar to the elements |
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of an offense under any of those sections: |
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(A) provided assistance in the investigation or |
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prosecution of the offense; or |
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(B) did not provide assistance in the |
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investigation or prosecution of the offense due to the person's age |
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or a physical or mental disability resulting from being a victim of |
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an offense described by this subdivision. |
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SECTION 6. Section 521.371(3), Transportation Code, is |
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amended to read as follows: |
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(3) "Drug offense" has the meaning assigned under 23 |
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U.S.C. Section 159(c) and includes an offense under Section 49.04, |
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49.07, or 49.08, Penal Code, that is committed as a result of the |
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introduction into the body of any substance the possession of which |
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is prohibited under the Controlled Substances Act. The term does |
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not include an offense punishable by fine only under the laws of |
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this state. |
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SECTION 7. The changes in law made by this Act apply only to |
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an offense committed on or after the effective date of this Act. An |
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offense committed before the effective date of this Act is governed |
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by the law in effect on the date the offense was committed, and the |
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former law is continued in effect for that purpose. For purposes of |
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this section, an offense was committed before the effective date of |
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this Act if any element of the offense was committed before that |
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date. |
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SECTION 8. (a) Except as otherwise provided by this |
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section, this Act takes effect September 1, 2021. |
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(b) Section 521.371, Transportation Code, as amended by |
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this Act, takes effect on the 91st day after the date the office of |
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the attorney general publishes in the Texas Register a finding |
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that: |
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(1) the legislature of this state has adopted a |
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resolution expressing the legislature's opposition to a law meeting |
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the requirements of 23 U.S.C. Section 159 in suspending, revoking, |
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or denying the driver's license of a person convicted of a drug |
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offense punishable by fine only for a period of six months; |
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(2) the governor of this state has submitted to the |
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United States secretary of transportation: |
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(A) a written certification of the governor's |
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opposition to the enactment or enforcement of a law required under |
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23 U.S.C. Section 159 as that law relates to offenses punishable by |
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fine only; and |
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(B) a written certification that the legislature |
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has adopted the resolution described by Subdivision (1) of this |
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subsection; and |
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(3) the United States secretary of transportation has |
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responded to the governor's submission and certified that highway |
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funds will not be withheld from this state in response to the |
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partial repeal of the law required under 23 U.S.C. Section 159. |